Criminal lawyer Cliff Ombeta caused a stir at Milimani Law Courts on Friday where he had briefly surrendered himself following an order by Justice Jessie Lessit.
On Thursday, Justice Lessit had ordered prosecutors to investigate the whereabouts of Mr Ombeta, who has been absconding court sessions.
The outspoken lawyer is representing five people accused of murdering lawyer Willie Kimani and two others. Ombeta has been accused by prosecution of dragging the case.
Appearing in sweatpants, a charged Ombeta cried in court, arguing that he was not in a position to disclose illness despite the pressure from the Prosecution.
However, he added, the investigators are at liberty to make a formal application to his doctors for detailed report on his ailment, which has affected his appearance in court.
"What I am ailing from for how long and what it is is not important... let my ailment be about me because I am the one who is in pain... please leave me alone to ail...," the lawyer sobbed.
He went on "I am the one in pain... are you happy that am in such a situation?"
Justice Lessit ordered that Ombeta's privacy should be guaranteed, adding that he must however make an effort to appear to court next Tuesday.
The case is closely being followed by Law Society of Kenya and a host of lawyers. Mr Kimani was an experienced lawyer. Ombeta had been subjected to criticism when he offered to represent the accused.