Justice Jessie Lessit ordered the prosecution to inquire on the health status of lawyer Cliff Ombeta.
On Thursday, Mr Ombetta did not show up in court which delayed the hearing of the murder case of lawyer Willie Kimani and two others.
According to a report, Ombetta fell ill on Sunday night and sought treatment at Nairobi Hospital where he received medication.
Justice Lesiit said that the court and other parties were left in the dark, not knowing his condition and when he will be ready to proceed with the case.
Discarding the bodies
Alternatively, Justice Lessit said Mr Ombeta can present himself in court on Friday to explain his condition.
Mr Ombeta represents two accused persons in the murder trial of lawyer Willie Kimani, his client Josephat Mwenda and a taxi driver Joseph Muiruri.
The three are suspected to have been tortured to death and their bodies concealed in sacks before they were thrown into the river.
Evidence presented in court showed that the three victims had fractured skulls and injuries on the chest, neck and face.
Four police officers, Fredrick Leliman, Mr Stephen Cheburet, Ms Sylvia Wanjiku and Mr Leonard Maina Mwangi and Mr Ngugi, an alleged police informer have denied murdering the three.
Mr Kinyua told Justice Jessie Lesiit that Mr Ngugi approached him on August 9, 2016, at around 11am through a colleague he identified as Inspector Mwangi, wishing to record a confession.