The Legislator spent a second night in police custody on Tuesday, as he awaited a ruling on whether he would be released on bail.
On Wednesday, his supporters protested outside Milimani Law Courts demanding his release.After hearing arguments from the prosecution and Babu's lawyers Otiende Amollo and Siaya Senator James Orengo, Chief Magistrate Francis Andayi on Tuesday told the MP to choose which police station he would prefer to be locked up in as he ponders whether to release him on bail.
The MP, through lawyer Otiende Amollo, chose Kileleshwa Police Station, Nairobi.
The young MP denied two charges against him. The first charge was subversion and the second count was that he uttered words that were intended to cause a breach of peace.
The court heard that on September 24 at Kawangware in Dagoretti North Mr Ongili uttered words calculated to excite disaffection against the presidency.
The MP faced an alternative charge of incitement to violence.
There was drama at the Milimani Law Courts on Tuesday as five young men attempted to release Babu from police custody.
The five first attempted to free Mr Owino by blocking the exit door used by accused persons to access the court.
Court officers were then forced to lead the newly-elected MP through the door used by Magistrates.