Through lawyer John Khaminwa, Aladwa told the court that he has not committed an offence violating the terms of his release on bond or one that would warrant its cancellation.
He told Justice James Wakiaga that it has been two months since he was charged and no new complaint has been made against him to the police.
“There is no new development that has taken place and what the DPP is telling the court was submitted before the trial magistrate,” Khaminwa argued.
By reversing the decision of the trial court without a fresh complaint, Khaminwa told the High Court, would be tantamount to overstepping its mandate.
He submitted that when Aladwa pleaded to the charge of incitement to violence in November 2015, Chief Magistrate Daniel Ogembo dismissed an application by the DPP seeking to have Aladwa detained until the case is heard and determined.
READ: Aladwa denies incitement to violence charges
“Aladwa presented himself to court after summons were issued and he has never failed to honour orders or refused to attend the mention of his case,” the lawyer said.
Deputy Director of Public Prosecutions Leonard Maingi disputed Khaminwa’s assertion that Aladwa was yet to violate the terms of his release on bond and countered that the politician had indeed continued to engage in hate speech.
Maingi said the cancellation of Aladwa’s bond would serve a crucial lesson given the resurgence of questionable political rhetoric in the country.
Maingi told the court that even stringent bond terms had not deterred politician from making inflammatory remarks in the past.
The court will deliver its ruling on the application on January 27.
Aladwa was charged after a video surfaced of him calling on party supporters to arms should the presidency be “stolen” from Opposition leader Raila Odinga in 2017.