The Milimani Law Court court has detained eight MPs for four days over incitement.
The eight, among them Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete), Kimani Ngunjiri (Bahati), Timothy Bosire (Kitutu Masaba) and Junet Mohamed (Suna East) will be held at various police stations until Friday.
Woman representatives Florence Mutua (Busia), Aisha Jumwa (Kilifi) and Machakos senator Johnson Muthama were among suspects taken to court over hate speech.
They will have their matter heard after the prosecution finishes its investigations.
They will be detained at Muthangari, Kilileshwa, Kilimani, Pangani, Gigiri and Muthaiga police stations.
Magistrate Daniel Ogembo on Tuesday upheld an application by the prosecution that the suspects be detained citing that the case is of great public interest.
Ogembo said the State proved its case adding that the reasons given for the detention were compelling enough.
He said the present matter outweighs individual freedoms of the suspects.
The government had requested to detain the politicians to pave way for further investigations.
Represented by Leonard Maingi assisted by Daniel Karori, the State said part of the investigations will require forensic analysis of the words uttered by the accused persons.
The government said the video recordings, which is part of the evidence they are relying on, need time to be evaluated.
Maingi, in his submission, said there was a likelihood of interference with investigations if the suspects are released from detention.
“They are suspects for now and not accused as earlier stated. I request the court to take judicial notice of the fact that as we approach elections incidences of hate speech incitement to violence are on the rise,” said Maingi.
He said it was in public domain that the political class has on several occasions scorned the criminal justice system.
Siaya senator James Orengo, the senior counsel representing Aisha, Junet and Bosire, had opposed the application by state saying it is vexatious and oppressive.
They were arrested on Tuesday and in the estimation of the investigators, four days are required to conclude the probe.