After spending six weeks in hospital due to high blood pressure, city lawyer Assa Nyakundi is set to appear in court Thursday to answer charges following the shooting of his son on March 17.
It will be the second attempt police are making at presenting the lawyer in court after the first one on April 4 failed.
Mr Nyakundi has been at Nairobi Hospital since he presented himself to Muthaiga Police Station on the day he allegedly accidentally shot and killed his son Joseph.
He was to be presented on Wednesday at Makadara Law Courts as ordered two weeks ago by Senior Principal Magistrate Angelo Githinji. While police sources said he had been discharged, his team disputed this.
Mr Nyakundi's lawyers were on Wednesday pushing hard to have him present himself in court instead of being presented by the police, which meant he would have been booked at a police station and probably spent the night there.
Sources at the Directorate of Criminal investigations told the Nation that they were having a difficult time getting the lawyer's fingerprints, which is a requirement during processing before a person is taken to court.
Interestingly, this was not the first time the police were having a difficult time dealing with Mr Nyakundi.
For some time, the police were unable to record a statement from him until three weeks ago when the court ordered them to do so and report within 10 days.
Investigating officer Constable Godfrey Munene told the court on April 4 that Mr Nyakundi was incoherent and unstable the last time he visited him.
"Your honour, I visited the suspect at 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 10 days elapsed last week and the police reported to the court that they had recorded Mr Nyakundi's statement last Tuesday.
The court also received his medical report from Nairobi Hospital to confirm that he was sick.