Nandi Senator Samson Kiprotich Cherargei was on Tuesday charged with ethnic contempt and incitement to violence.
The court heard that on August 17, at Kilibwoni primary school in Nandi County, while addressing a public gathering, Mr Cherargei uttered words aimed at stirring ethnic hatred by the Kalenjin community against other communities.
The prosecution said the words were calculated to incite violence against communities perceived to be opposing Deputy President William Ruto.
Milimani Chief Magistrate Francis Andayi granted the senator’s request to be allowed to deposit a cash bail of Sh300,000 instead of spending the night in custody on condition that he provides two contact persons.
“I have considered that the accused person has been charged at a time when most banks have closed for the day. He should, therefore, deposit his cash bail by tomorrow noon,” he said.
The prosecution did not oppose his release but asked for a gag order, stopping him from speaking about the matter.
The case will be mentioned on December 17.