Korogocho MCA Absalom Odhiambo was on Monday charged with incitement to violence.
He was accused that on January 25, he uttered inciting words that implied causing anarchy in the country.
The prosecution allege that the MCA said, "Kwa siasa ya Taifa tunataka tutoke kwenda ikulu tutoe huyu mwizi, nataka tuingie town tufunge biashara, hakuna biashara itaendelea hii town ya Nairobi, ndio William Ruto aheshimu Raila Odinga. Lazima tufunge biashara hii town".
He faced a second count of using threatening abusive words with the intent to provoke peace on the same day.
He denied the charges before Milimani chief magistrate Lukas Onyina.
The prosecution did not oppose his release on bond but asked the court to gag the accused from addressing any public forum.
"The accused being a politician should not interfere with witnesses and further should not make comments in the media about the trial of this matter," prosecution counsel Anderson Gikunda told the court.
Odhiambo's lawyer led by Danstan Omari and Gregory Ndege, asked the court to release him on lenient bail terms saying he is a public officer.
He added that in case his client is found guilty of breaching the peace by using abusive language, he will be fined Sh5,000.
Hence, he pleaded to have the MCA released on favourable bail terms.
Omari said Odhiambo was not a flight risk and urged the court not to gag him from addressing the public which is his job since he is a politician.
He was released on a cash bail of Sh100,000.
Onyina also cautioned him from interference with witnesses.
The case will be mentioned on February 20.
Last week police had sought to detain the MCA for seven days pending investigations but principal magistrate Gilbert Shikwe dismissed their application saying the case was not based on any legal provision.
Shikwe released Odhiambo unconditionally.
){kind=link}
