Lawyer Cliff Ombeta has dismissed an assault accusation against his client, former Sports CS Rashid Echesa.
In a remark made on Wednesday, Ombeta claimed that Mr Echesa did not slap an Independent Electoral and Boundaries Commission (IEBC) official as depicted in a viral video of the ex-CS.
Mr Echesa was arrested over the incident and accused of assaulting the public officer.
Ombeta claims that the former CS was simply "adjusting the IEBC official's facemask to a proper position".
The former CS was granted bail on Tuesday after spending the weekend in police custody.
In an unrelated case, Kakamega Senator Cleophas Malala was on Wednesday released from police custody on Sh2.5 million cash bail.
Senator Malala is accused of robbery with violence, assault and damage to property which occurred during the Matungu by-election.