Embakasi East MP Babu Owino and self-styled ghetto president Calvin Gaucho will remain in custody until Friday when the court will rule on whether to release them on bail.
Five others charged with them are Tom Odondo, Michael Otieno, Pascal Ouma, Kevin Wambo and Willys Owino.
Milimani chief magistrate Lukas Onyina said he had noted submissions by both parties and will deliver a ruling on Friday morning.
The court also directed police to escort Babu Owino who was said to be sick to the hospital for medication.
"The first accused will be escorted to the hospital for medical attention. The rest of the accused persons will be remanded at Kileleshwa Police Station until tomorrow," Onyina ruled.
The seven are accused of conspiring to commit subversive activities which are prejudicial to public order.
They allegedly committed the offence on dates between July 7 and 23, 2023 with others not before court within Nairobi City County.
The prosecution opposed the release of Babu and his co-accused on bail stating that there are other aspects of the investigations the subject of the charges which are still ongoing and which would be prejudiced if they are released on bail.
The prosecution counsel urged Court to be pleased to deny each of the Respondents bail, and to or order their detention pending the completion of investigations on the basis of the instant charges.
The court heard the accused persons are a threat to national security
"On dates between 7th of July 2023 and 18th of July 2023, people reasonably believed to be the Respondents' accomplices not only gathered unlawfully but also rioted in various parts of Nairobi County thereby committing a number of penal offences as charged in the instant charges," the DPP submitted.
Upon effecting arrests of the respondents, we recovered mobile phones paired with sim cards from each of the Respondents which are already being analyzed for purposes of forensic evidence to be used in proof of the instant charges.
The DPP argued that there is also a likelihood of additional charges being preferred against each of the Respondents upon the conclusion of the ongoing investigations.
The defence in rebuttal said that all the seven accused persons are members of the Azimio coalition and that they all come from the Luo Ethnic community.
The defence through lawyers Danstan Omari, Dancun Okatch, and Ndegwa Njiru among others told Court that the arrest and prosecution of the seven accused persons is pure Ethnic profiling.
According to the defence, the affidavit tabled by the prosecution to deny the accused persons bond is the same affidavit used from 2017 to 2022 to oppress members of the ruling class.
Babu who was arrested at the Jomo Kenyatta International Airport and detained incommunicado was held at the Milimani Law Courts basement cells before being arraigned minutes to 5:00 pm.
