Ex-Sports CS Rashid Echesa Back in Court in Ksh 39B Arms Case
Judge Kanyi Kimondo from the High Court has reversed the exoneration of Rashid Echesa, the former Sports Cabinet Secretary, and a co-defendant in the alleged Ksh39 billion counterfeit arms controversy.
On Monday, February 26, Justice Kimondo decreed that the lower court should move forward with the trial, mandating the two individuals to present their defense.
“Accordingly, their acquittal on December 3 2021 under section 210 of the Criminal Procedure Code on those six counts is hereby reversed and set aside,” the judge ruled.
They were directed to personally attend the Chief Magistrate at Milimani Law Courts on March 4, 2024, for a mention to receive instructions regarding their trial.
Kimondo decided after the State appealed against Senior Principal Magistrate Kenneth Cheruiyot’s 2021 verdict, which had acquitted Echesa on the grounds of insufficient evidence.
As per the State’s assertion, the judgment was delivered at 7:30 pm outside regular hours, in violation of the Judicature Act. The judge based the decision on irrelevant factors, ultimately reaching a questionable conclusion.
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“The Republic contends that the evidence disclosed a prima facie case and particularly to the charges of conspiracy which called for a rebuttal from all the five respondents. The State thus prays that their acquittal be set aside and that they are placed on their defense,” read part of the court documents.
At the same time, in the judgment, Echesa was cleared of the charge of impersonating a public servant by falsely claiming to be President William Ruto’s assistant (who was Deputy President at the time) to two foreigners on February 13, 2020.
Moreover, the five individuals, including the former Chief Secretary, were cleared of charges on four counts of fraudulent acquisition of funds, presenting false documents, and attempting to commit a felony.
“That the order by the trial court made on 3rd December 2021 placing the 5th respondent on his defense for three counts hereby upheld,” read part of the court documents.
The group of five individuals faced a total of 15 charges, which encompassed offenses such as conspiring to commit a felony, forging documents, acquiring money through deception, impersonating a public service employee, and attempting to engage in a felony.
In the year 2023, President Ruto designated him as the head of the Kenya Water Towers Agency Board.
The Plan to Defraud Foreigners
Echesa, a former Cabinet Secretary in the government, is facing allegations of being involved in a conspiracy to swindle a Polish company of Ksh39 billion in a military arms transaction that took place in October 2019. Additionally, he is charged with trying to create deceptive documents to mislead individuals from other countries.
To finalize the agreement, it is reported that he pretended to be Ruto’s assistant. Allegedly, he received a sum of Ksh11.5 million from one of the individuals involved.
During their court appearance in 2020, he and four companions refuted all accusations.
Ex-Sports CS Rashid Echesa Back in Court in Ksh 39B Arms Case