Francis Kanyare and Peter Muli were charged before Nairobi Chief Magistrate Gilbert Mutembei with committing the offense along Muindi Mbingu Street with others not before the court in a manner likely to commit breach of the peace.
Senior counsel Paul Muite who represented the accused persons urged the magistrate to dismiss the charges arguing it was not sustainable under the new Constitution.
Mr Muite contended that Article 37 of the new Supreme Law gives a person the right to demonstrate as long as they are unarmed unlike the past Constitution.
He told the court that the accused had the right to demonstrate as the coming the Sudanese President was kept as a secret.
“To give life to article 37, I urge this court to discharge the accused,'' Mr Muite submitted.
The prosecution urged the court to remand the accused as it needs more time to read the article and consult with relevant authorities.
The matter will be mentioned on Friday .
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