The late Wahome Gakuru's driver did not take plea at Kigumo law courts on Thursday where he was to be charged over his death after a car crash.
Samuel Kinyanjui was to be charged with causing the death of the Nyeri Governor by driving recklessly.
He did not alight from the police vehicle that took him to court and is still in police custody.
DPP Keriako Tobiko has not examined his file for directions so the court
declined to approve his charge sheet.
Sources there indicated police did not follow the right procedure before taking Kinyanjui to court.
The date for the driver to return to court will be communicated after Tobiko reviews the file and gives instructions.
Kinyanjui was arrested on Wednesday and held
at Makuyu police station in Maragua sub-county, Murang'a.
The Governor died after the accident at Kabati area along Kanol-Thika highway and will be buried on Saturday.
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