Lamu Senator Anwar Loitiptip risks arrest if he does not appear in a Nanyuki court where was charged with shooting a woman.
Nanyuki principal magistrate Ben Mararo on Monday ordered Mr Loitiptip to surrender himself to the police or he will be arrested.
He was required to appear in court today but was a no-show.
He is charged with grievous harm and misuse of firearms.
Prosecutor Jackson Motende requested the court to issue a warrant of arrest so that he can be produced in court.
But the senator, through lawyer Rose Wachira, said he was admitted at a hospital in Nairobi and could not attend the court session.
“We pray for another mention date for the respondent to appear in court together with his medical records. He was admitted to hospital on Sunday,” Ms Wachira told the court.
The magistrate ordered that the senator be arrested if he was not admitted in hospital as he claimed.
“The accused person is at liberty to surrender himself. If he is not admitted, then he should be arrested,” Mr Mararo said.
At the same time, the miscellaneous application that was ongoing before Nanyuki resident magistrate Vincent Masivo against the legislator was struck out.
Mr Masivo allowed the application to be closed and the cash bail of Sh500,000 that had been deposited by the lawmaker refunded.
This is after the prosecution told the court that the senator had been formally charged.
Last week, the legislator and the shooting victim, Ms Joy Makena, entered into an agreement to settle the matter out of court.
According to the deal seen by the Nation, both parties had lodged complaints against each other at Nanyuki police station over the incident that occurred on October 24.
In the agreement dated October 28, the legislator agreed to foot Ms Makena’s medical expenses.
“I do not wish to further pursue any charges against the accused person,” she said in the document.
Police reports had earlier indicated that the matter was reported at Nanyuki police station at 2:20 am.
It was reported that the shooting incident occurred after a quarrel with the Senator. Afterwards, Ms Makena was rushed to Nanyuki Teaching and Referral Hospital.
“The scene was processed and two spent cartridges of 9mm recovered from the scene. The firearm with 13 rounds of ammunition was recovered from his security detail named Manoah Omale,” the report read in part.
On Monday last week, he was charged with grievous harm and unlawful use of firearms. The legislator was released on a cash bail of Sh500,000 or a bond of Sh1 million.