National Super Alliance (NASA) strategist David Ndii is expected to appear before the Directorate of Criminal Investigations (DCI) on Monday.
Dr Ndii will be questioned over incitement allegations that the police claim he is culpable.
He was arrested in Kwale on Sunday last week while attending a family ceremony and questioned over his role in the formation of the People's Assembly.
Kwale is among other 12 NASA counties that adopted the People's Assembly motion despite a High Court's order barring County Assemblies from passing or implementing it.
[caption caption="Dr Ndii"]
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The DPP, however, ordered Dr Ndii's release on a police bond of Sh10,000 as the inquest continued.
Dr Ndii had declared that NASA leader Raila Odinga would be sworn in on Tuesday, but the coalition postponed the ceremony.
The arrest was widely condemned with rights activists noting that the country is "sliding back into dictatorship".
"Ndii is a law-abiding citizen. If there was anything police wanted from him, they could have invited him, not waited until he was on holiday to arrest and bundle him into a car back to Nairobi.
"The nature of the arrest was aimed at creating fear and intimidation and trampling on citizens rights," Former Ethics PS John Githongo remarked.
[caption caption="Mrs Ndii during a presser in Mombasa"]
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His wife Mwende Gatabaki also criticised President Uhuru Kenyatta and the police for the manner in which they were handled.
“The swearing-in of Raila Odinga and Kalonzo Musyoka as President and Deputy President of the Republic of Kenya and the launch of the People’s Assembly scheduled for Tuesday, 12 December, has been postponed to a later date,” NASA chief Presidential Campaigner Musalia Mudavadi stated.
