The aides of Kilome MP Harun Mwau are likely to face a charge of giving false information to police.
This is the recommendation of Police Commissioner Mathew Iteere after investigations into the gun attack on Mr Mwau's car.
Mr Iteere said it was clear that "the said motor vehicle was not shot at at the said place because there were no empty cartridges at the scene of the purported shooting".
He also said that the impressions made by the bullets on the body of the MP's car were "consistent with those made on a stationary vehicle and not a moving one".
The legislator's guard and driver had claimed that the vehicle was shot at by unknown gunmen on City Hall Way as they drove to pick up Mr Mwau at the Intercontinental Hotel on Thursday night.
They told the police that a car overtook the MPs' Range Rover near the Garden Square restaurant and its occupants fired six shots shattering the driver's side window but they escaped unhurt.
"It is impossible for the occupants of the motor vehicle to have escaped without injuries if at all they were inside the motor vehicle at the time," said the Police Commissioner.
Mr Iteere told a news conference at Vigilance House, Nairobi Wednesday that the issue rests with the Director of Public Prosecutions Keriako Tobiko, who will decide whether to prosecute.
"In view of the above, I have directed that the file be forwarded to the DPP with a recommendation that the two individuals be charged in court for the offence of giving false information," said Mr Iteere.