The Court has given the Director of Public Prosecutions (DPP) two hours to review former Machakos Senator Johnstone Muthama's hate speech file.
The Court also ordered the DPP to come up with a conclusive action on whether to charge Muthama or release him.
The former Senator was arrested at Kangundo on Monday over hate speech remarks.
His arrest came barely an hour after Gatundu South MP Moses Kuria was also arrested over allegations of hate speech.
The two were detained at the Pangani Police station where they spent the night before being arraigned in court on Tuesday morning.
Kuria went off on a live Facebook stream hurling insults at Opposition leader Raila Odinga and his (Raila) family, saying that he had become a headache for the Jubilee administration.
He also allegedly said that outsiders residing in Kiambu County would be flushed out and unspecified consequences meted on them.
Over the weekend, Muthama was also on the spot after he declared that the opposition would swear-in Odinga if President Uhuru Kenyatta is sworn-in illegally.
Last year, both Muthama and Kuria were detained at Pangani before being charged for hate speech alongside four other legislators.
