In his court papers, Mwakwere had expressed fears that his arrest would cause him to vacate his Cabinet position.
If Mwakwere is charged, he will have to step aside from his ministerial position until the case is heard and determined.
The enactment of the NCIC Act in December 2008 saw Assistant Minister Wilfred Machage and Mt. Elgon MP Fred Kapondi charged with hate speech, but they were acquitted for lack of evidence.
The Act makes hate speech punishable by a fine or jail or both.
Incitement to violence attracts five years’ imprisonment without the option of a fine.
Under the National Cohesion and Integration Act, making a hate speech that stirs ethnic hatred attracts a maximum Sh1 million fine, or three years in jail or both.