Korogocho MCA Absolom Odhiambo alias Matakwey Mobimba has been freed after spending two nights in police custody.
Odhiambo was released after Milimani principal magistrate Gilbert Shikwe ruled that he was arrested and detained based on a non-existent law.
The magistrate dismissed an application by the police that sought to detain the lawmaker for seven days pending investigations in the alleged hate speech case.
"I have looked at the case presented in court. Looked at the High Court decision making section 96A of the penal code unconstitutional and I have noted that the decision has not been challenged by the prosecution," Shikwe said.
He added, "It is a nonchallenged fact that the applicant seeking orders to detain the suspect for seven days has no legal leg to stand and the only option is to dismiss. He is hereby released unconditionally unless unlawfully held."
Odhiambo was arrested on Monday, January 30 by DCI sleuths at the National Cohesion and Integration Commission (NCIC) offices in Upper Hill where he was waiting to talk to NCIC officials after being summoned.
He had on Monday last week termed President Ruto and his deputy Rigathi Gachagua as thieves and threatened to mobilize Azimio supporters to storm the State House and kick them out.
“Kwa siasa ya taifa tunataka tutoke twende ikulu tutoe huyo mwizi… Nataka tuingie town, tufunge biashara. Hakuna biashara itaendelea hii town ya Nairobi. Ndio William Ruto aheshimu Raila Odinga lazima tufunge biashara hii town,” he said.