Meru Senator Mithika Linturi has been released on Sh2 million bail or an alternative of Sh5 million bond with surety over his hate speech remarks made in Eldoret.
Nakuru Chief Magistrate Edna Nyaloti ordered the Senator not to contact witnesses either through proxy or directly.
She said there was no sufficient evidence to limit the accused's liberty without a holding charge.
Nyaloti said the state has the machinery to continue investigations without taking away Linturi's freedom.
She said the government can monitor the accused movement and even intercept his communication.
On Sunday, Meru Senator Mithika Linturi was arrested for using coded language that is said to be hate speech.
Linturi was arrested at a hotel in Eldoret and taken to Nakuru where he was grilled over his madoadoa remarks.