The high court has ordered the release five political activists who have been in police custody since Tuesday after taking part in an illegal protest near parliament on Monday.

The members of the Yellow Movement appeared before Justice Onesmus Mutungi who ruled that the state was proceeding on an illegality by charging the activists after holding theme in custody for more than 24 hours without presenting them in court.

The accused Cyprian Nyammwamu, Mwalimu Mati, Anne njogu, Okoiti Omtatah and Daniel Odera were arrested for participating in an illegal demonstration to protest against the proposed send-off payment to MPs.

The activists have threatened to institute an injunction against parliament seeking to stop them from passing a bill to increase their allowances.

The activists also say they will file a case against each of the Members of parliament if the bill sails through.

Addressing a press conference at Kenya Human Right Commission offices immediately after their release, the activists said they would also petition the president not to consent to the bill if it is passed.

They said the move by Mps to increase their salaries amounts to blackmail to the already overburdened Kenyans who are the taxpayers.

The MPs had intended last week to award themselves hefty payments at the end of their term. This was introduced through the Statute Law (Miscellaneous Amendments) Bill with plans to give each of the 222 MPs a Sh5.9 million send-off package.

Vice-President Moody Awori, the Speaker, Cabinet ministers and assistant ministers were however set to get more. 

An MP serving the Parliamentary Service Commission would be entitled to the Sh5.9 million and extra monies from additional duties.