Nominated Senator Paul Njoroge has been charged with causing disturbance after using his gun to scare off people who had gone to take over his petrol station.
Earlier on Njoroge had defended himself over the gun drama story, saying he was a victim of circumstances.
In a long Facebook note, Njoroge accused the Vivo boss of using his proximity to power to shut down a business he had used millions to build.
Njoroge shot in the air on Tuesday to stop workers from closing down a Shell petrol station he operates on Nairobi-Nakuru highway.
Vivo Energy hired the workers to confiscate equipment after the Senator allegedly failed to follow some rules.
Njoroge claims the shut down was against a court order he had obtained restraining Vivo from interfering, destroying and evicting him from the premise.
A lawyer representing Vivo said at Naivasha law courts on Wednesday that the charge Njoroge faced was too lenient.
Lawyer Steven Luseno rejected the charge and questioned why a Senator caught on camera firing in the air was not charged with the misuse of a firearm.
The charge sheet stated that Njoroge created disturbance in a manner likely to breach peace by firing at workers using his Ceska pistol