Embakasi East MP Babu Owino has been charged with grievous harm and use of force during elections following his re-arrest on Wednesday.
Babu was apprehended once again moments after being released on Sh500,000 bail in his case of subversion, insulting President Uhuru Kenyatta and incitement to violence.
These arose from his apparent reference to Uhuru as 'mtoto wa mbwa', remarks he said he will not apologise for as referring to someone as a "puppy" is not abusive.
Police said the legislator was re-arrested for inciting the public to violence on his Facebook page.
Owino reportedly posted that he will not apologise over the 'mtoto wa mbwa'
remarks.
Before the arrest, a confrontation ensued between his lawyers and the prosecution and saw police lob teargas to disperse them.
The MP was grabbed by CID officers and bundled into a police van.
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Babu denied the two charges at Kibera law courts on Thursday.
The prosecution has asked the court to deny him bail on grounds that the offense is serious and that if found guilty of causing grievous harm, he could spend life in prison.
But Babu's lawyer Otiende Amollo said the accused should be released on bond terms since it is his constitutional right.
"For purposes of this charge, the question of flight risk was addressed at
length by chief magistrate Francis Andyi," he said.
Andayi who ruled on the case on Wednesday noted Babu is a legislator who cannot afford to skip Parliament proceedings for eight consecutive days.
He would lose his seat if he did.
The bond terms will be determined at 4pm.
The controversial legislator spent Wednesday night at
Pangani police cells.
After he was re-arrested, NASA chief Raila Odinga issued a statement asking the President to not use the courts to intimidate its citizens and legislators.
The National Cohesion and Integration Commission has ruled out charging the legislator who joined politics after serving several terms as chairman of the UoN student union.
"We have heard and received complaints about Babu Owino...this does not fall under the Cohesion Act but under the penal code," Commissioner Joseph Onsongo said on Monday.
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