Mombasa Senior Resident Magistrate Vincent Adet scolded the police for holding Malindi MP Aisha Jumwa and her bodyguard, Okuto Otieno without evidence.
However, the Senior Resident Magistrate pointed out that police shall have the liberty to charge them if they have the evidence.
Senior Resident Magistrate Adet stated: "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."
Ms Jumwa and her bodyguard were granted a Ksh500,000 bail and an alternative of Ksh1 million bond and a surety of a similar amount.
Appear before DCIO
The magistrate also directed the two to present themselves to the Malindi DCIO on October 22.
Jumwa, spent the night in police custody after a ruling on her bail application was pushed to Thursday.
The legislator is accused of storming a home of a Ganda ward ODM aspirant in Malindi leading to confrontations that degenerated into chaos causing the death of the aspirant’s relative.
Ms Jumwa was arrested on early Wednesday at her home in Kakuyuni where she is said to have fled to after one of her close associates allegedly shot dead a man.