• He will not spend the night in police custody.
A Milimani court has granted Nandi Senator Samson Cherargei Sh 300,000 bail following ethnic contempt and incitement to violence charges.
The court ordered Cherargei's release on Tuesday on condition that he provides two contact persons.
The senator has until Wednesday noon to deposit the bail.
"I have considered that the accused person has been charged at a time when most banks have been closed... He should therefore deposit his cash bail by tomorrow noon," chief magistrate Francis Andayi ruled.
Nandi Senator Cherargei has been charged with ethnic contempt of the national cohesion and integration act.
"Hii Kenya sisi si squatters,na wakitaka hii Kenya tutakanyagana mpaka wajue hawajui ama tufunge hii Kenya," the Senator said in August.
This loosely translates to, "We are not squatters in this Kenya and if they want, we will step on each other until they know they actually don't know or we will close down this country."
Cherargei made the statement while addressing a public gathering during a fundraiser for Kilibwoni Football Club.
The court heard that the words said by the senator were calculated to stir ethnic hatred by the Kalenjin community against other communities.
In a second count,the senator also faces an incitement to violence charge.
He is said to have committed the offence on the said date at Kilinwoni Primary School in Nandi county.
According to the prosecution, the words were calculated to incite violence between the Kalenjin and other communities perceived to oppose Deputy President William Ruto in a violent and unlawful manner.
Cherargei has denied all the charges preferred against him at a Milimani court and through his lawyer sought to be released on lenient bail and bond terms.
The prosecution did not oppose bail but sought a gag order against Cherargei.
He was granted Sh500,000 bond with an alternative of bail.
The matter will be mentioned on December 17.