The case involving Manyatta MP John Gitonga Mukunji, journalist James Ikua Mbochi, and businessman Stanley Mbuthia is expected to resume today at the Kahawa Law Courts for a hearing.
The three were arrested in July alongside 36 protesters during the Saba Saba demonstrations.
They have been under investigation by the authorities on suspicion of offences under the Prevention of Terrorism Act (POTA).
Prosecutors allege the group was found in possession of materials and items suspected to be linked to terrorism related activities.
During an earlier session, drama unfolded when defence lawyers attempted to cross-examine the investigating officer, Desterio Omukaga.
Prosecutors objected, saying the court lacked jurisdiction, but Magistrate Richard Koech ruled that the cross-examination was lawful, allowing the defence to question the officer on the nature of the investigations.
In the initial stages, the prosecution sought to detain the suspects for 14 more days to complete investigations, citing the seriousness of the case.
The defence opposed the application, arguing there were no compelling reasons to hold them longer.
The court ordered their release on Sh300,000 cash bail each.
The 36 protesters arrested alongside them were charged separately with terrorism-related offences.
Earlier, on August 6, the defence sought conservatory orders to stop the prosecution, arguing that the use of the Prevention of Terrorism Act was unlawful and politically motivated.
Represented by Lawyer Elijah Mwangi, the trio had hoped the court would bar their prosecution and protect their political and personal freedoms while their petition was pending.
However, the court declined to grant interim orders stopping the prosecution, noting that no formal charges had been filed and that the matter was still at the investigation stage.
Today’s hearing is set to address applications filed in court, with the parties expected to make submissions.
