Embattled former Sports CS Rashid Echesa on Tuesday was freed on Sh1 million cash bail and ordered to report to the DCI every Monday for a month.
He is accused of slapping an electoral agency official at Bulonga polling centre on March 4 in the Matungu by-election.
Echesa was ordered not to interfere with witnesses while police are investigating.
Kiambu chief magistrate Patricia Gichohi said the case will be mentioned in a month.
Echesa's team rushed to process his release on Tuesday evening, fearing time was not on their side and he would be sent to remand.
On Monday the magistrate had ordered Echesa's detention by police ahead of a ruling on whether he should be released on bail.
Echesa was in court on Monday when police applied to detain him for seven days so they could conclude investigations.
His legal team, led by Evans Ondiek and Cliff Ombeta, opposed continued detention and sought his release on bail.
Investigating officer Mishack Kagera said in a sworn affidavit he is investigating the use of violence during the by-election period, in violation of the Elections Act, 2011.
He said Echesa assaulted Independent Electoral and Boundaries Commission official Peter Juma Okura at Bulonga polling centre on March 4, in the Matungu by-election.
Echesa allegedly accused the IEBC officer of chasing one of their agents from the station during the voting.
“The respondent, owing to his nature of use of violence, is likely to cause fear and intimidation, thus interfering with witnesses who are yet for interview and statement recording,” the affidavit read.
Police argued they did not have enough time to investigate and wanted seven days.
Echesa was taken to court by DCI officers who are investigating.
DPP Noordin Haji on Saturday gave agencies 30 days to complete investigations and submit a file and recommendations to his office.
Haji said the report should capture all incidents of violence and other electoral malpractices, especially in Matungu constituency within Kakamega county and London ward in Nakuru county.
Echesa, an ally of Deputy President William Ruto, was arrested on Friday after he surrendered to police in Mumias.
He was booked at Kakamega police station before he was taken to Nairobi. Police said his supporters were planning to storm the station, so it was necessary to move him.
Before his arrest, police had been looking for Echesa who had gone into hiding.
IEBC chairman Wafula Chebukati had asked police to arrest and prosecute Echesa
ODM secretary general Edwin Sifuna also urged police to ensure all those suspected of poll violence be prosecuted.
Interior CS Fred Matiang’i said all firearm licences issued to leaders involved in the chaos in Matungu, Kabuchai, Nakuru and elsewhere will be suspended.
He said the government will seek to invoke Chapter Six of the Constitution on integrity and ensure leaders involved in violence are not allowed to run for elections.
Kakamega Senator Cleophas Malala on Monday was questioned by the DCI and released on bond ahead of his arraignment on Wednesday over poll violence.
Senator Samson Cherargei, MPs Didmus Barasa, Nelson Koech and Wilson Kogo were arrested over the chaos in Kabuchai in Bungoma county.
They were charged with preparing to commit a felony.
(Edited by V. Graham)
