Machakos Senator Johnson Muthama, who was charged with incitement, dismissed the suit as a political gimmick.
After depositing bail, he told his supporters who thronged the Milimani Law Courts on Tuesday that he would not be cowed “against fighting for the rights of the downtrodden.’
He also warned Cord leader Raila Odinga not to get involved in the ICC case against Deputy President William Ruto.
Mr Muthama said the coalition would not allow him to record any statement.
He was charged with incitement with regard to remarks he made during a rally at Uhuru Park in Nairobi at the height of the teachers’ strike.
Nairobi Chief Magistrate Daniel Ogembo released the senator on a Sh100,000 cash bail pending the hearing on February 16, 2016.
Mr Muthama was charged alongside activist Japheth Muroko alias Japheth Thuranira.
The charge against the senator read that on September 23, at Uhuru Park in Nairobi, he said: “From Friday next week if teachers will have not been paid nobody will go to work and whoever goes shall be stoned”.
Mr Muroko faced a charge translated to mean: “We are saying if any member votes against a Motion being brought to impeach Uhuru, they will be lynched”.
The prosecution said the offence was committed on the same date and at the same venue.
Mr Muthama called for the prosecution of those involved in the Sh800 million National Youth Service scam.
On the ICC case, Mr Muthama said: “Cord will not allow you (Raila) to record any statement. The case is between Ruto and (President) Uhuru.”
“The people who fixed Ruto are known, let them bear their burdens,” he said.
The court allowed an application by Mr Muthama to be heard by more than one judge.
Justice Joseph Onguto asked Chief Justice Willy Mutunga to appoint a three-bench judge.
