Comedian Eric Omondi and four others have been released on Sh20,000 bond each, with an alternative cash bail of Sh 10,000 each.
Omondi accompanied by Maxwell Bunde, Austin Oduor, Zephaniah Ouma and Sylvester Omondi appeared before chief magistrate Nixon Onyango.
They all pleaded not guilty to the charges of taking part in unlawful assembly contrary to Section 79 of the Penal Code.
However, the prosecutor Onanda Tony noted that the accused should be released on bond only because some were not residents of Kisumu city.
Onanda further requested the court to also order the accuses not to participate in such unlawful activities again even as the case goes on.
This was opposed by the accused lawyer Kowino Omondi saying his clients should be released on cash bail.
He noted that three of the accused were students and stayed in Kisumu hence they were not a flight risk, adding that Omondi is from the region but only stays in Nairobi.
"This is no basis to deny our clients cash bail because they are not a flight risk".
He also opposed the prosecution's request to have the accused not engage in any such activity again.
"This will be infringing on my client's constitutional rights, this matter is yet to be determined by the court whether they are guilty or not," Kowino said.
The magistrate, however, ruled that he could not grant the request by the prosecution because that will be infringing on the rights of the accused.
He said the matter will be mentioned on May 8 to confirm if statements have been served by both parties.
The hearing of the case has been set for June 5, 2023.