The prosecution says the court cannot stand with a faulty charge sheet.
Former Limuru MP George Nyanja on Tuesday presented himself in court to answer charges related to his alleged firing of a gun in Karen, Nairobi.
He reportedly fired in the air last Wednesday in an attempt to stop the demolition of a building.
FAULTY CHARGE SHEET
Mr Nyanja did not take plea when he faced Kibera Senior Principal Magistrate Faith Mutuku as a prosecutor found the charge sheet faulty.
“I am applying for this plea be deferred to Wednesday so the charge sheet can be amended. As structured, the count cannot stand,” Charles Mogaka, the prosecutor, said.
The court allowed the application and extended Mr Nyanja’s police bail of Sh50,000 to Wednesday.
City Hall says the weapon was used when the demolition squad started tearing down structures at a business premises in Karen.
When Nyanja arrived, an argument ensued and it was then that he allegedly shot in the air, forcing the county workers to scamper for safety.
Nairobi county's Chief Media Officer Elkana Jacob said the structure was constructed without approval and that residents were also opposed to it.
“The county had given notice to the owners of all illegal structures from Embakasi to Karen. When they did not comply, we [took action],” he said.
Mr Elkana said some of the workers sustained minor injuries as they fled after hearing the shots.
He described the incident as "a heinous act done in broad daylight".