The hearing of late George Muchai failed to kick off on Monday after some of the advocates representing the accused persons in the case were a no-show.
Justice Kanyi Kimondo was set to proceed with the hearing with the prosecution having availed one witness for the trial.
But at the point of taking the quorum, the Judge noted that two advocates on record for two accused persons were not present.
The two, Aeric Isabwa alias chairman and Stephen Astiva were willing to cross-examine the police officer who was to take the stand today but the Judge declined.
"There's a predicament in terms of Article 50 (fair hearing) of the Constitution. It's not as easy as the accused say that they will cross-examine the witness," the judge said.
The judge was forced to adjourn the matter to Tuesday and directed that the advocates be notified of the hearing date by the deputy registrar.
The prosecution is remaining with five witnesses before it closes it's case which was initiated in 2015.
Among them is chief Government pathologist Dr Johansen Oduor who gave his evidence in the case but is to be recalled for cross examination.
Muchai is said to have been murdered on the morning of February 7, 2015. He was shot dead together with his bodyguard and driver.
