Director of Public Prosecutions Noordin Haji has recommended the removal of the murder charge against the Secretary of the Cabinet for Public Service and Gender, Aisha Jumwa.
The decision to dismiss the case was presented to Mombasa High Court Judge Ann Onginjo on Wednesday morning when mentioning the case online.
Government lawyer Vivian Kambaga informed the court that the DPP has decided to make Ms Jumwa a state witness.
But Judge Onginjo expressed his concern about the way the decision to dismiss the case was presented to the court.
This forced the judge to set another date for the case so that the DPP can submit the official letter of his decision and amend the indictment.
Ms Jumwa is due to appear in court in person on December 21, when the DPP will submit a letter to the court explaining her decision to withdraw the charge.
She was charged with the murder of ODM supporter Jola Ngumbao in 2019.
She was accused along with his assistant Geoffrey Otieno Okuto, who now has his own cross to bear.
The two men and their supporters are alleged to have invaded the house of Reuben Katana where the ODM strategy meeting was being held and led to the killing of Mr Ngumbao.