Nairobi senator Mike Sonko recorded a statement with police at DCI headquarters on Sunday over his remarks that he was acting president.
The senator presented himself before the DCI and spent two hours before leaving at around 8pm.
He denied the claims and said he has witnesses to back what he meant. The file will be taken to the DPP for action.
Earlier, Sonko’s lawyer Cliff Ombeta said the senator presented himself to the investigators without summons.
Director of Public Prosecution Keriako Tobiko wants Sonko probed for treason for claiming to be ‘acting president’.
Tobiko ordered the probe following the remarks the senator made at the burial of former MP Wavinya Ndeti’s husband in Machakos.
The senator claimed that he was the third in command since the President Uhuru Kenyatta and DP William Ruto were out of the country.
The president was in Togo at that time, while Ruto was in Baringo county for a function.
Ombeta said the DPP has no case against Sonko since the position he allegedly impersonated does not exist.
“There is no third in command in the Kenya constitution and therefore there is no one he impersonated,” said Ombeta.
Ombeta noted that Sonko might lose his “political respect” from the president but Jubilee cannot afford to lose him.
“Sonko is an asset to the party who comes with numbers. We are aware of those people who are fighting him even within the jubilee.” said Ombeta.
He added that Jubilee Party cannot afford to lose him to Cord as that “will be a disaster and a big blow to Jubilee”.