The MPs are part of the "No" campaign
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Two Kenyan MPs have been arrested inside a court, where they had presented themselves after evading arrest in parliament.
The MPs spent the night in parliament, while policemen waited outside to question them over political violence.
It is not clear how they reached court - some reports say they were smuggled out in a car belonging to fellow MPs, with the police in hot pursuit.
"We are being harassed," a tired sounding Reuben Ndolo told the BBC.
The wanted men, Mr Ndolo and David Mwenje, are members of President Mwai Kibaki's ruling Narc coalition who are opposed to the new draft constitution.
Several violent incidents have been reported in tense campaigning ahead of a referendum on a new constitution.
After a magistrate had granted them bail, they refused to be arrested and hundreds of police surrounded the court building.
The police wanted to talk to them in connection with violence at a meeting on Wednesday convened by Deputy Minister Maina Kamanda to drum up support for the proposed constitution.
'Not comfortable'
Mr Ndolo denied sparking the trouble. "People started throwing chairs at us. We left."
The MPs could not be detained while in parliament buildings. Their relatives had taken the pair food and blankets.
Opponents of the draft want a new constitution to curb presidential powers
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He told the BBC News website on a mobile phone from inside parliament they had spent the night in a private members' room but that sleeping on chairs had not been comfortable.
The MP said the pair were talking with their lawyers after being charged with incitement to violence.
International donors have condemned the violence between the two rival camps and called for a peaceful campaign.
Mr Kibaki's government is leading the "Yes" campaign under the symbol of a banana, while the opposition and a party within the ruling coalition have teamed up to campaign against with their symbol of an orange.
If the new constitution is approved on 21 November, it would be the first major overhaul of Kenya's constitution since independence from Britain in 1963.
Critics of the draft say it fails to establish a strong prime minister's post, which they say would prevent the president abusing his powers.
Instead, the premier is appointed and can be dismissed by the president.