Malindi MP Aisha Jumwa and her bodyguard, Okuto Otieno, have been granted Sh1 million bond and a surety of a similar amount with the alternative of Sh500,000 bail each.
"The two shall be released but they must present themselves to DCIO in Malindi on October 22... any further summons shall be issued," Mombasa Senior Resident Magistrate Vincent Adet said on Thursday.
Adet said that the police shall have the liberty to charge them if they have the evidence.
"It's illegal for the police to have someone they don't have evidence against to be held without a charge. Police must only arrest when they have evidence against suspects. The Constitution disallows this," he said.
Jumwa and her bodyguard, Okuto Otieno, spent the night in the cells as they awaited arraignment on Thursday morning.
The two were held at the court police station.
The prosecution sought to have them detained for 21 days pending investigations.
Jumwa was arrested alongside Otieno, her gardener and domestic worker after one person was shot dead on Tuesday.
The man was shot dead during a fracas that erupted at the home of ODM candidate Reuben Katana in Ganda ward.
Trouble started after Jumwa stormed the home to disrupt the meeting between Katana and ODM agents for the Thursday's by elections, saying the campaign period was over.
