The fifth suspect in the case involving the death of lawyer Willie Kimani, his client and a taxi driver failed to take Thursday following the absence of a defense lawyer.
The Milimani court heard that Peter Ngugi Kamau alias Brown did not have a counsel despite an order that permitted him to access a pro bono lawyer.
He is the latest suspect in the matter where four other Administration Police officers have been charged.
Investigations link Brown to the entire planning and execution of the homicide.
He is accused of being the man who drove a taxi which was used by the three men on June 23 to Mavoko Law Courts before being abducted and killed. Trails indicate that he later on dumped the taxi in Limuru and escaped back to Syokimau.
Prosecution applied for the new case no64 of 2016 to be consolidated with that of four others, Senior Sergeant Fredrick Leliman, Sergeant Leonard Maina Mwangi, Corporal Stephen Chebulet and Constable Silvia Wanjiku Wanjohi in case no57 of 2016 accused of killing the three.
Prosecution was represented by DDPP Nicholas Mutuku, SADPP Alloys Kemo who made an application to have all five remain in custody.
Justice J Lesit set a bail hearing date for 12th October 2016.
The plea is set for Tuesday 20th September 2016 where dates for consolidating the two cases will also be granted.