Justice Isaac Lenaola says Sonko should pursue the leaders for disobeying an order requiring them to conduct the July 7, 2014 rally peacefully and without incitement.
Justice Lenaola in his judgment further declined to set aside an order requiring politicians to maintain peace while conducting public rallies.
The judge directed that the contempt application be mentioned on November 20 for further directions as to the hearing.
Sonko wants Senators James Orengo, Johnson Muthama, Otieno Kajwang’ and Elizabeth Ongoro together with former MP Reuben Ndolo jailed for six months or pay a fine of Sh2 million each for disobeying court order that had gagged them against inciteful remarks.
The Senator alleges that the CORD leaders made defamatory remarks against President Uhuru Kenyatta during the rally that can be deemed inflammatory and inciting to the public.
He told Justice Lenaola that the leaders went against the spirit of the consent they signed two days before the rally in which they agreed to exercise restraint.