The DPP will on Tuesday next week decide whether to drop incitement to violence charges against Korogocho MCA Absalom Odhiambo or not.
The MCA through his lawyer Danstan Omari on Wednesday was before Milimani chief magistrate Lucas Onyina asking the court to withdraw the case.
He said the Director of public prosecution Odhiambo's case is related to demonstrations where six MPs and several protesters have been acquitted in different courts.
The DPP through Anderson Gikunda requested for two weeks to consult with his boss on the matter but the lawyer argued that two weeks is long and suggested next week.
Onyina gave the DPP until April 11 to confirm whether he will drop or proceed with the case.
In the case, the MCA has denied two counts of uttering inciting words.
He is accused that on January 25, 2023, at Jaramogi Oginga Odinga Foundation offices at Capitol Hill - he uttered inciting words that implied causing anarchy in the country.
The prosecution alleged that the MCA said, Kwa siasa ya taifa tunataka tutoke kwenda ikulu tutoe huyu mwizi, nataka tuingie town tufunge biashara, hakuna biashara itaendelea hii town ya Nairobi, ndiyo William Ruto aheshimu Raila Odinga, lazima tufunge biashara hii town."
He faced a second count of using threatening abusive words with the intent to provoke peace on the same day and place.
Odhiambo was arrested by Directorate of Criminal Investigations (DCI) officers after the National Cohesion and Integration Commission (NCIC) summoned him.
The DCI accused the MCA of ‘inciteful to violence’ remarks made during an Azimio la Umoja One Kenya Coalition rally at the Kamukunji Grounds last week.
He is out on a Ksh100,000 cash bail. The case will be mentioned on April 11.