Lawyer Cliff Ombeta on Tuesday, March 9, 2021 stunned the court with his defence of charges against former Sports Cabinet Secretary Rashid Echesa.
Echesa is accused of slapping an Independent Electoral and Boundaries Commission (IEBC) official at Bulonga Primary School, Matungu Constituency on March 4.
The lawyer told the court that Echesa was, "adjusting his facemask to a proper position" during the incident that prompted his arrest.
Former Sports CS Rashid Echesa addresses a rally at Musamba market, Khalaba Ward, Matungu Constituency on March 1, 2021. |Photo| Courtesy|
Ombeta further challenged the affidavit sworn by the investigating officers who sought to have the former CS detained for a further seven days. He argued that it did not disclose what they were investigating.
The renowned criminal defence lawyer argued that Echesa's arrest contravened the rights and liberties of an accused person.
Kiambu Law Courts Magistrate Patricia Gichohi upon deliberation released Echesa on a Ksh1 million cash bail or surety of a Ksh1 million bond. She set the hearing for April 9.
The video that was widely circulated online will be provided and disputed in court as to aid the case.
In the video, a man assumed to be Echesa, can be seen arguing with an IEBC official before moving his hands towards him and knocking off his mask.
He could be heard questioning why agents allied to the United Democratic Alliance (UDA) were being locked out of polling stations.
Echesa had further alleged that there were plans to rig votes in Matungu.