Legal Victory: Ex-CS Rashid Echesa Spared Arrest, Detention by Court
The Milimani High Court has issued orders preventing law enforcement officials from apprehending or holding former Sports Cabinet Secretary Richard Echesa.
Justice Diana Kavedza emphasized that the court’s responsibility lies in safeguarding the rights of Echesa.
This follows his assertion that he was detained by the police without communication for 48 hours after his arrest on March 27th.
“At this juncture, it is not the duty of the court to interrogate whether the applicant’s allegations are true, but rather, to protect his rights,’ said the Judge.
Echesa, represented by his lawyer Danstan Omari, submitted a request for anticipatory bail through the application.
He additionally requested injunctions to prevent the Directorate of Criminal Investigations, the Inspector General of Police, and the Director of Public Prosecutions (referred to as respondents) from apprehending and prosecuting him without first conducting thorough investigations and allowing him a chance to present his case.
He objected to how he was arrested, contending that it was not conducted according to proper procedure.
The court was informed that he was arrested while complying with a legal summons from the Nairobi Area County criminal investigations officers (CCIO).
He believes his arrest is politically motivated.
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He additionally mentioned that he is presently hospitalized to manage his medical condition.
The judge granted him bail until his application hearing, stating that he must sign a personal bond worth 2 million shillings.
She mentioned that Echesa would be accompanied by his legal representative to the DCI offices once he’s released from the hospital.
She emphasized that the interrogation and questioning should take place no later than April 22nd.
“He shall cooperate with the investigators during the entire period of investigators,” she said.
“And or the avoidance of doubt, the respondents are at liberty to investigate or charge him for any criminal conduct. However they shall not arrest or detain him because of the personal bond or until further order of this court,” she added.
The judge instructed that once the investigations are finished, the investigating officer must inform Echesa to attend the appropriate court for the process of taking a plea.
After the arraignment, the judge explained that her instructions would cease to be in effect, allowing the trial court to establish new conditions for bail as it sees fit.
Legal Victory: Ex-CS Rashid Echesa Spared Arrest, Detention by Court
