Ruaraka MP TJ Kajwang has been released on a Sh 50,000 cash bail after spending the night in police custody.
The MP's lawyers had filed an application to court demanding the MP be arraigned after police delayed in presenting him as scheduled.
The High Court had certified the matter as urgent to be heard tomorrow but later deferred the hearing date to February 6.
Kajwang has been charged with being present and consenting to the administration of an oath to NASA leader Raila Odinga with an intent to commit a capital offence namely treason on Tuesday.
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In the second count, the prosecution claimed that Kajwang took part in an unlawful assembly where he is accused of organising a public meeting at Uhuru park without notifying police.
Kajwang was arrested at Milimani Law Courts by Flying Squad officers and taken to the Nairobi PCIO on Wednesday.
In a text to the Media, Kajwang said he is ready to pay the ultimate price for his role in swearing in Raila.
"I have just been arrested by eight Flying Squad policemen. If my arrest and prosecution will be the ultimate price I must pay for my role in Swearing of the People's President, so be it. That will be a small price to pay compared to what Raila Amolo Odinga has paid all his life for political justice in this country," TJ Kajwang said.
His arrest sparked protests in some parts of Kisumu
A section of ODM MPs were also teargassed as they demanded his release.
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