Kakamega senator Boni Khalwale and his aide Washington Muzozo Shibo suffered a setback after a court rejected an application to have a case against them terminated.
The two are charged with taking part in an unlawful protest.
Senior resident magistrate Samuel Wahome ruled that the accused should present themselves on Friday next week to plead to the charge.
They are accused of engaging in a riot on Fitina Road in Kakamega town after the Kakamega Central Police Chief had made a proclamation for the rioters to disperse on May 23.
“In view of the court, the particulars contained in the charge sheet are sufficient and the accused will not suffer any prejudice by taking plea,” said the magistrate.
He allowed an application by the defence to have the taking of the plea deferred to next Friday to allow Dr Khalwale attend the burial of former Cabinet Minister and Malava MP Soita Shitanda.
Dr Khalwale’s defence team had objected to the charge claiming it was defective and unconstitutional.
Dr Khalwale is being represented by a team of 18 lawyers who include former Vice-President Kalonzo Musyoka, Bungoma senator Moses Wetang’ula, Makueni Senator Senator Mutula Kilonzo Jr and ODM nominated Senator Janet Ongera.
Mr Wetang’ula who was present in court” hinted that Dr Khalwale’s defence team would appeal the ruling at the High court.
“The charge brought against Dr Khalwale and his aide is punitive, malicious and meant to intimidate him. We are going to pursue all available options within the law and the Constitution to ensure the rights of the accused are safeguarded,” said Mr Wetang’ula in a briefing after the ruling.