Korogocho MCA Absalom Odhiambo was on Tuesday detained for a day to allow the court to determine whether he will be detained for seven days over an incitement to violence case.
Milimani principal magistrate Gilbert Shikwe said he needed more time to go through the application and submissions made by the parties before making his ruling.
Odhiambo has been remanded at Central police station pending a ruling on Wednesday morning.
In the application presented before the court, the police claim they want the MCA detained to complete investigations on allegations that he uttered words that are likely to cause violence or destabilise the nation.
He is alleged to have uttered the inciting words during the Azimio meeting at Chungwa House last week.
The court heard, Odhiambo was arrested on January 30, at the NCIC building.
Police claim he has more than 30 people who are his caucus and if released he might interfere with witnesses.
"Based on the sensitivity of the allegations, if he is released on bail, he will interfere with witnesses. We are seeking this order knowing that the words uttered are a security threat," the prosecution told the court.
The police advanced investigations alleged that the MCA is a habitual offender who wants to cause havoc in the nation through his followers both from public addresses and social media.
He is alleged to have said, "Kwa siasa ya taifa tunataka tutoke kwenda ikulu tutoe huyu mwizi, nataka tuingie town tufunge biashara, hakuna biashara itaendelea hii town ya Nairobi, ndio William Ruto(the President) aheshimu Raila Odinga. Lazima tufunge biashara hii town."
The police argue that they need seven days to retrieve any possible inciting messages from his phone and record statements for the state to enhance evidence for the prosecution
The affidavit further reads that Odhiambo is a flight risk.
Defence lawyers led by Danstan Omari, Gregory Ndege and Shadrack Wambui among others have opposed the detention urging the court not to be used politically.
Omari claims Odhiambo was arrested while honouring a summon at NCIC in the presence of his lawyer.
His lawyers and family were denied access until he was taken to Kiambu police station.
"We are yet to be provided with any charges or conviction to show that he is a habitual character. He is an MCA and has a fixed abode," the lawyer argued.
The police should have a holding charge to suggest why the suspect continues to be detained.
The defence claim the application by police is in bad faith for calling the suspect a habitual offender.
"Today is the entry of the first criminal injustice under the new regime. We ask the court to be firm," Omari said.
They told magistrate Shikwe that the case was politics being brought to the Judiciary.
"Before this court, I happened to defend five CSs with the same allegations," he said.
He added that for all people who were charged like him, the charges have been withdrawn by the same police.
Omari urged the court to resist being used by politicians. He said Odhiambo is a family person who is in a different political outfit.
"This is hot air. The account of seven days is not accounted for," he said.
