Collins Toroitich, a grandson of former President Daniel Moi, was granted bail after a Nakuru court suspended his sentence.
Toroitich faced up to six months in prison for violating court orders.
The court ordered him to use a DNA test to prove the fatherhood of two children believed to be his.
Gladys Jeruto Tagi, a woman claiming to be Toroitich’s ex-wife, had asked the court to imprison her for disobeying the DNA test instructions issued earlier by the court.
Through his lawyer David Mong’er, he accused Toroitich of delaying a case involving children, insisting that court orders must be followed.
“It is unfortunate that court orders are not followed, we must put him in a civilian prison so that he can determine the seriousness of the case,” Mong’eri said.
Toroitich appeared in court himself and apologized citing the incident of communication between him and his former lawyer.
Through his lawyer, Kipkemoi Mutai, Toroitich told the court he had never received accurate information on the date of the test, claiming he had a health problem and should seek medical advice before traveling.
Mr Kipkemoi urged the court to give his client a last chance in the case, saying he must find money to pay for the test.
Nakuru Resident Magistrate Benjamin Limo released Toroitich on bail of Sh100,000.
The judge, while setting aside the opening orders, noted that Toroitich had honored the call and explained his reasons for not attending the exercise.
He ordered Toroitich to report a DNA test on July 23 at the Lancet Laboratory in Nakuru.
Jeruto filed a lawsuit in April, accusing Toroitich of neglecting his children and failing to provide for their basic needs.
In her indictment, she said they separated in 2012 after living together for four years in a union, saying she was lucky to have two children, a boy and a girl.
Jeruto informed the court that he cared for the children alone after Tooitich left.
She is seeking Sh1 million a month for child support and other food, claiming that children are suffering if the situation remains the same.