Two MPs arrested over the ongoing clashes in Marsabit County were on Tuesday freed on a cash bail of Sh250,000 each.
North Horr MP Chachu Ganya and his Saku counterpart Dido Rasso were presented before a Nairobi court over the clashes that have left 14 people dead.
But the prosecution pleaded with the court to allow them detain the two legislators for 21 days.
The prosecution asked the court to direct that the suspects be held at Kileleshwa Police Station but senior principal magistrate Kennedy Cheruiyot dismissed the plea, saying the police failed to provide compelling reasons to deny the two their freedom.
The prosecution said they were investigating Mr Ganya over allegations of incitement to violence following the clashes in Jaldesa, Lagdema, Boruharro and Shurr. They said the MP uttered the words in May this year, but its effects were still being felt.
The court heard that the MP repeated the same words on September 14 and the matter was reported at Marsabit Central Police Station. Further, the prosecutor said they suspect the MP was funding and providing logistical support to those causing violence.
On Mr Rasso, the prosecution said he was likely to be charged with promoting warlike activities because they suspect he was providing resources for the clashes.
Mr Cheruiyot directed the MPs to pay the cash bail or bond of Sh1 million and present themselves to the investigating officer once every week, on a day to be agreed upon.