Former Machakos Senator Johnston Muthama and Belgut MP Nelson Koech have been released on a cash bail of Sh30, 000 each at Diani Police station.
The two were on Tuesday arrested at Jomo Kenyatta polling station after being accused of bribery amid the Msambweni by-election. They spent a night at KPA police station in Mombasa.
They were then arraigned in Kwale law court on Wednesday but could not be charged for lack of charge sheet. This means that they did not record statement as the law requires.
Lawyer George Khaminwa said the court was unable to proceed with the case because the two had not been charged.
The duo said their arrest was meant to disrupt the efficiency of the voting process.
“They thought by arresting us, people will vacate the polling centre and create loopholes for rigging to happen but the colleagues strong,” Muthama said.
They will appear in court on December 29. But their lawyer said he will appeal.