Nandi Senator Samson Kiprotich Cherargei is out on bond.
Police will determine whether to arrest him or not in the next two days.
The outspoken senator was arrested at his home in Eldoret today and interrogated by DCI officers in Kisumu.
He will be appearing before the DCI in Eldoret on Thursday.
Cherargei told waiting wananchi that he had no intention to incite people.
The senator insisted that he had always stood for peace, justice, and human rights.
Meanwhile, Governor Stephen Sang accused the government of double standards, saying that only leaders aligned to the Deputy President were being targeted.
The governor accused the government of not taking seriously inciting remarks from politicians from another side of the political divide.
The senator made the remarks during the weekend at a function in Lelwak, Nandi, and by Monday he had attracted widespread criticism on social media.
Uasin Gishu Woman Representative Gladys Shollei quickly distanced herself from Cherargei, calling his utterances ‘unfortunate.’
Even as he was being bundled into the police vehicle, Cherargei was resolute, saying that his arrest was ‘politically instigated.
Officers interrogating the Senator at Kisumu DCI offices were keen on deciphering exactly what the young lawyer meant when he spoke over the weekend.
DCI summoned Cherargei on Monday but he failed to show up. They therefore turned up at his home on Tuesday morning to arrest him.