A court in Ngong has released Ruaraka MP TJ Kajwang' on a Sh50,000 bond.
His plea taking has also been deferred to Tuesday next week.
The MP was expected to be charged Thursday with two offenses following his arrest Wednesday.
He was arrested by plain clothes police officers outside the Milimani Law Courts in Nairobi.
He had just appeared before High Court judge George Odunga for a ruling in a case where he was representing MPs who are challenging the reduction of their salaries and allowances.
Police were on Wednesday night preparing capital offence charges that attract a death sentence, against Mr Kajwang’.
The Nation established that the State planned to rely on Section 59 and 60 of the Penal Code, which talks about illegal oaths.
Section 59 says: “Any person who is present at, and consents to the administering of any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or takes any such oath or engagement, not being compelled to do so, is guilty of a felony and is liable to imprisonment for life.”
Following his arrest, his supporters had camped outside the Directorate of Criminal Investigations headquarters on Kiambu Road demanding for his release.