Meru Senator Mithika Linturi has been freed on Sh2 million cash bail or an alternative bond of Sh5 million with a surety of the similar amount.
Linturi was also ordered not to be in contact with any of the witnesses to pave way for the detectives to conclude on the investigations.
He spent the second night in custody yesterday as he awaited the judge’s verdict over the ‘madoadoa’ remarks.
This is after Nakuru Chief Magistrate Edna Nyaloti directed that the Senator be held at Kaptembwo Police Station until this morning.
His lawyers led by Elias Mutuma, Kipkoech Ngetich, Ken Echesa and Peter Okiro did not succeed in pushing to have the ruling yesterday after the magistrate said she should not do it after working hours.
“My client missing the session will not infringe on his own rights but also the rights of those he represents,” they said.
The prosecution had sought for seven days to hold the Senator to conclude investigations into the remarks he made during a rally in Eldoret over the weekend.
However, Mutuma opposed the request stating that it was within Linturi’s rights to be released on bail or bond.
“It is not even fair to this court, to the defense and to the accused person to be rushed to court 30 minutes before closing time. The prosecution has come to this court with dirty hands,” he stated.
According to an affidavit by the investigating officer, the utterances he made are likely to incite violence during the election period.
Deputy President William Ruto yesterday apologised over the regrettable utterances by Linturi.
However, the DP remained mum over the potentially damage caused.
The United Democratic Alliance (UDA) party leader affirmed that his party will not tolerate inciteful statements, further stating that Linturi has already apologised for his utterances.
“Senator Linturi made a statement which he regrets, a statement that had inappropriate language and has apologised, he has withdrawn the statement and has unconditionally apologised to the people of Kenya,” said Ruto.
Ruto has now urged his United Democratic Alliance (UDA) members to be mindful of their language while addressing the public.