A court on Wednesday ordered the police to present city lawyer Assa Nyakundi before a judge within 10 days following the shooting of his son Joseph last month.
The lawyer reported to the police three weeks ago that he had accidentally shot and killed his 29-year-old Joseph Nyakundi near their home in Muthaiga, Nairobi. He has been admitted to the Nairobi Hospital since then.
He was absent at the burial of his son at Lang'ata Cemetery in Nairobi on Tuesday.
Police were on Wednesday expected to make an application in court seeking more time to detain him.
They told the Makadara court that they had been unable to record a statement from the lawyer.
Mr Samson Nyaberi, who is representing Mr Nyakundi, told Makadara Senior Principal Magistrate Angelo Kithinji that his client is very sick and could not appear before a court of law.
"My client is unwell as his condition keeps on fluctuating," Mr Nyaberi said.
"His blood pressure is high and he needs to be in the hospital, but I am willing to go with the police to the hospital ward if they want to so that they can record a statement from my client," he said.
The investigating officer, Constable Godfrey Munene, told the court that Mr Nyakundi was incoherent and unstable the last time he visited him.
"Your honour, I visited the suspect at the Nairobi Hospital and I can confirm that he is still sick, and I will need more time to see if I can record his statement," Mr Munene told the court.
The magistrate directed the officer to get Mr Nyakundi's statement and bring it to court on April 15.
On March 20, Mr Munene was directed to serve Mr Nyakundi with an application seeking to detain him for 14 days.
The officer then asked for 14 days to conclude the investigations, but the magistrate declined.
"The court cannot give orders for detention in the absence of the suspect. He needs to be served with the application so that he is made aware of it," the magistrate ruled.
The magistrate further ordered that Mr Nyakundi be taken to court as soon as he is released from hospital.
In his affidavit, Mr Munene asked the court not to release the suspect as he might interfere with the ongoing investigations.
"The deceased is his biological son and family members, including his household employees are potential witnesses. We are apprehensive that if the suspect is released back to his home and normal life upon discharge from hospital, he might interfere with the witnesses who have not recorded their statements," said Mr Munene.