Kapseret Member of Parliament Oscar Sudi has been released on Ksh 500,000 cash bail or an alternative of Ksh 1 million following an order made by the High Court.
The MP had appealed a ruling by a lower court to detain him for seven more days on Wednesday in hate speech and incitement case.
While releasing the MP on Friday, Justice Joel Ngugi ruled that holding a person without a charge for more than 24 hours is unconstitutional.
The MP has been locked up at Central Police Station from last Sunday when he was arrested.
The prosecution had sought to have the MP detained for 14 days to allow the police to conclude investigations before charging him.
The state counsel said they intend to charge Sudi with five counts including hate speech, assaulting a police officer, offensive conduct, resisting arrest and being illegal possession of a firearm.
The MP surrendered himself to Langas Police station on Sunday after two days of being sought over alleged hate speech and incitement remarks. He was later airlifted to Nakuru and detained at Central Police Station.
The MP had allegedly gone into hiding after police camped in his home from Friday night seeking to arrest him over “offensive” utterances against President Uhuru Kenyatta and the First Family, notably Mama Ngina Kenyatta.
Armed youth had on Friday night blocked police from arresting the MP.
The heavily armed police officers eventually broke into the residence in the wee hours of Saturday morning but could not find the MP.