Imenti Central MP Gideon Mwiti was denied anticipatory bail to stop his arrest over rape allegations on Friday.
High Court judge Grace Ngenye noted that the police have a right to arrest suspected offenders.
Ngenye directed that the application be forwarded to Director of Public Prosecution Keriako Tobiko.
A public relations practitioner accused Mwiti of raping her during a meeting on the night of March 21.
The former journalist claimed Mwiti postponed their meeting until 10pm when he allegedly subjected her to an HIV test.
She claimed he physically assaulted before committing the offense.
Her husband accused the legislator of seeking an out-of-court settlement, saying he has been trying to reach him for a talk since the incident happened.
The man accused Mwiti of sending several emissaries to talk to him to persuade his wife and the family not to pursue the matter and instead seek a settlement. He said he will only talk to Mwiti after justice is served.
Mwiti denied the allegations saying his relationship with the former journalist was strictly professional.
He said they met at his office on Westlands, Nairobi from around 6.30pm to 9pm and then went to a club until around 1am.
The case will be heard on April 8.