A malicious property damage case against Nakuru East MP David Gikaria and four others was adjourned on Monday following the trial magistrate's transfer.
Chief magistrate Josephat Burudi said the case could not proceed because the trial magistrate was appointed as a judge so the case would be rescheduled.
The defence also told the court that Gikaria would be unavailable as he was out of the country, while his co-accused, activist Boniface Mwangi, was attending another court matter in Kibera law courts.
State prosecutor Hillary Songoyo protested and asked the court to issue an arrest warrant against the MP.
Songoyo said the court should have been notified that Gikaria would not be available for the hearing, adding that all the accused are treated equally before the law.
Gikaria and Mwangi are charged alongsid Flamingo MCA Moses Gichangi, retired journalist Elijah Kinyanjui and Naka Primary head teacher Francic Kihoro.
They are accused of damaging a perimeter wall estimated at Sh19 million on May 19, 2016.
They were protesting the alleged grabbing of Naka Primary School land by a private developer.
The court slated the
hearing of the case on January 13, 2017.
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