The court is set to rule on a prosecution application seeking to detain for 21 days two MPs to allow police complete probe on Marsabit clashes.
North Horr MP Chachu Ganya and his Saku counterpart Dido Ali Rasso were on Tuesday presented before a Nairobi court over clashes that left 14 dead.
The two, however, did not plead to the charges after the prosecution asked Senior Principal Magistrate Kennedy Cheruiyot to allow the police detain the suspects for 21 days to enable them complete investigations.
The prosecution told the court that they were investigating cases of incitement to violence and promoting war-like activities.
But they were yet to record statements from key witnesses who are still in mourning.
The defence team led by Senior Counsel Okongo Omogeni and Roger Sagan opposed the application, saying there was no compelling reason to deny the legislators their freedom.
The court will make a ruling on Tuesday afternoon.