A politician from Bungoma County has been formally charged with cyberbullying Kakamega Governor Fernandes Barasa.

Cyberbullying in Kenya

Joseph Lendrix Waswa is accused of threatening Barasa by telling him that he would circulate his naked photos in numerous WhatsApp groups.

Waswa, alias SSP Kiprop, appeared before Kibera Senior Principal Magistrate Margate Maroro on Thursday, April 25.

According to the charge sheet, Waswa allegedly gave Barasa an ultimatum to cooperate by sending him money, or his naked photos would go viral by 10 a.m.

“It is alleged that on March 19, 2024, at 1356 hrs at an unknown place using WhatsApp account number+2454xxxxxx under a mobile registration name of AL Yusuf, you sent a WhatsApp message to wit:

“Bure by saa nne (by 10 a.m.) I will have circulated all your naked photos kwa hizo WhatsApp groups? to Fernandes Barasa of WhatsApp account number 254xxxxxxxx information you knew would detrimentally affect him,” read the charge sheet.

Cybercrime laws in Kenya

According to the charge sheet presented in court, the prosecution accuses Waswa of allegedly committing a crime contrary to Section (1) b of the Computer Misuse and Cyber Crime Act.

Lawyer Bryan Khaemba represented Waswa in court.

He argued that his client was a respected leader and businessman, saying the governor framed him for unknown reasons.

Bungoma Politician in Court for Threatening to Circulate Naked Photos of Governor Fernandes Barasarespected leader and businessman. He has just been framed by Gov Fernandes Barasa for unknown reasons, “Khaemba told the court.

Waswa also faced another count of cyberbullying, where the prosecution accused him of allegedly sending another threatening message.

According to the charge sheet, Waswa, through a mobile number registered in the name of Al Yusuf, sent the following message:

“Trust me; I will circulate other photos of you and Mama that you’ve never seen, which are in the gadget on the media plus the naked ones. Bro hutafurahia.”

He allegedly sent the message to Fernandes Barasa on his WhatsApp number, +254xxxxxx, knowing that the message was detrimental to the victim.

Rashid Echesa charged with extortion

The other count indicated that Waswa and Rashid Echesa allegedly conspired to extort Barasa of KSh 1.5 billion.

According to the charge sheet, on March 18, 2024, in an unknown place, the duo, jointly with others not in court, conspired with intent to defraud and demanded KSh 1.5 billion by falsely accusing the Kakamega governor of kidnapping Echesa.

They allegedly demanded the amount to drop the false accusations against him.

Additionally, the duo was charged with attempted extortion using threats contrary to Section 300(1)(B) of the penal code.

The particulars of the offense are that on diverse dates between March 18, 2024, and March 26, 2024, at an unknown place, with intent to extort from Barasa a sum of KSh 1.5 billion, they threatened the governor that he would be accused of a felony concerning the kidnapping of Echesa if their demands were not met.

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The politician who tried his hand at politics in 2022 was further accused on December 18, 2024, in an unknown place, jointly with others, not before the court, conspired to defraud Barasa by falsely accusing him of kidnapping Echesa.

They allegedly demanded KSh 250 million from the governor to drop false accusations against him.

Khaemba pleaded with the court to grant Waswa lenient bail terms. He denied all the charges against him and was freed on a bond of KSh 500,000.

The matter will be mentioned on May 20.

Echesa was charged with extorting Barasa KSh 1.5 billion on Friday, April 19.

Bungoma Politician in Court for Threatening to Circulate Naked Photos of Governor Fernandes Barasa

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Kenya Water Towers Agency Chairman Rashid Echesa has been charged with extorting KSh 1.5 billion from Kakamega Governor Fernandes Barasa.

Rashid Echesa charged with extortion and fraud

Echesa, who served as a Sports Cabinet Secretary under former president Uhuru Kenyatta, also faced charges of obtaining KSh 10 million from Barasa, pretending that he would delete adult photos and videos of the governor from a gadget.

According to court documents, Echesa told Barasa that he would help him erase the naked clips and photos of the governor from a gadget he confiscated from a Muslim holy man known as Babu Yusuf.

Echesa, who appeared before a Kibera court on Friday, April 19, faced five counts, including extortion, conspiracy to defraud, and obtaining money by false pretenses.

The first count indicates that Echesa and Joseph Lendrix Waswa, alias SSP Kiprop, conspired to defraud Barasa on December 18, 2024, in an unknown place, jointly with others, not before the court.

Who kidnapped Rashid Echesa?

They allegedly accused Barasa of kidnapping Echesa and demanded KSh 250 million to drop the false accusations against him.

In the second count, it is alleged that on March 18, 2024, in an unknown place, the duo, jointly with others not in court, conspired with intent to defraud, accused Barasa of kidnapping Echesa, and demanded KSh 1.5 billion from him.

They allegedly said they would drop the charges if the governor paid the ransom they demanded.

The third count indicates that between December 15, 2023, and March 18, 2024, Echesa and Waswa, together with others not in court, conspired to defraud the Kakamega county boss of KSh 200 million by pretending that they were able to give Barasa a gadget that they alleged contained inappropriate photos and video clips of the governor for disposal.

In the fourth count, the prosecution alleged that Echesa, on December 31, 2023, at the Sagret Hotel, with intent to defraud, obtained from Fernandes Barasa KSh 10 million by falsely pretending that he was in a position to delete some inappropriate photos and video clips of the governor found in a gadget confiscated from a Muslim holy man, Babu Yusuf Milale.

Kenyan law about extortion

The former CS and Waswa also faced a fifth count of attempting to extort by threats contrary to Section 300(1)(B) of the Penal Code.

The particulars of the offense are that on diverse dates between March 18, 2024, and March 26, 2024, at an unknown place, with the intent to extort from Barasa a sum of KSh 1.5 billion, the accused persons threatened the governor that he would be accused of a felony, to wit the kidnapping of one Rashid Echesa, if their demands were not met.

Echesa denied all five charges before Kibera Senior Principal Magistrate Margret Maroro.

Waswa, a co-accused in the charge sheet, did not take a plea after his lawyer told the court that he was unwell and admitted to the Nairobi Hospital.

His lawyer asked for seven days to allow him to recuperate and then take a plea.

Who is Lendrix Joseph Waswa?

According to the charge sheet presented in court, the prosecution accused him of alleged cyber harassment, where he reportedly sent a WhatsApp message to Barasa threatening to circulate naked photos of the governor to WhatsApp groups.

The charge sheet read, “On March 19, 2024, at 1356 hrs, at an unknown place using WhatsApp account number+2454xxxxxx under a mobile registration name AL Yusuf, you sent a WhatsApp message, “Bure by saa inne, I will have circulated all your naked photos kwa hizo WhatsApp groups? to Fernandes Barasa of WhatsApp account number 254xxxxxxxx information you knew would detrimentally affect him.

The other separate charge against Waswa alias Kiprop is that of cyberbullying.

The charge stated that on the same date, Waswa, through a mobile number registered in the name of Al Yusuf, sent the following message:

“Trust me; I will circulate other photos of you and Mama that you have never seen, which are in the gadget on the media, plus the naked ones, bro hutafurahi,” to Fernandes Barasa of WhatsApp number +254xxxxxx information you knew would detrimentally affect him.

However, he did not take a plea, and the court freed Echesa on a bond of KSh 500,000.

Danstan Omari withdraws from Rashid Echesa’s case

The Director of Public Prosecutions asked the investigating officer to peruse the medical documents produced by Waswa’s lawyer to ascertain their authenticity.

The court ordered that the documents be presented on Monday, April 25.

On Monday, April 15, lawyers Danstan Omari and Cliff Ombeta abruptly withdrew from representing Echesa.

The two who firmly stood with Echesa when he was arrested over self-abduction and extortion allegations during the Easter period wrote a letter to the Director of Criminal Investigations (DCI) stating they were no longer acting for him.

Rashid Echesa in Court over Using Holy Man Babu Yusuf to Extort KSh 1.5b from Fernandes Barasa

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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

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On Saturday morning, March 30, Rashid Echesa, the ex-Sports Cabinet Secretary, was urgently taken to a hospital in Nairobi in a serious condition.

As per attorney Danstan Omari, who communicated with Kenyans.co.ke, the ex-Cabinet Secretary was experiencing heavy bleeding from a surgical incision that had been operated on a week before his arrest.

Omari additionally stated that Echesa had a scheduled doctor’s appointment on Friday for a follow-up and assistance with his surgery wound, which had not yet fully healed. Nevertheless, the police declined to release him.

“We went with a letter from Karen hospital where he had undergone surgery and was to be brought here for review and the police could not release him on bail,” he noted. 

“Today in the morning it became so bad, that he had to be rushed here. He was bleeding profusely from the wound.”

Echesa is presently undergoing medical care and is awaiting a report from the doctor’s evaluation to ascertain his condition, which could potentially necessitate readmission to the hospital.

“We are waiting to hear what the doctor says, then we will be able to know if he can be released on cash bail or re-admitted, whatever the doctor’s prescription will be,” Omari added. 

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Kakamega Senator Boni Khalwale was among those who supported Echesa’s release on Friday. Khalwale spent the afternoon at the Directorate of Criminal Investigations (DCI) headquarters on Kiambu Road, where he insisted that the former Cabinet Secretary be freed.

“I’m the Kakamega Senator and the Government Majority whip. I come here on the capacity given to me by Kakamega County to ask the National Government to release Rashid to me,” Khalwale stated on Friday. 

“I’ve spent the whole of this afternoon at DCI Headquarters in Nairobi and later at the Muthaiga Police Station. I was to take him to hospital. The former CS is visibly unwell,” Khalwale noted. 

Echesa was apprehended on Thursday, March 28, after allegations arose linking him to a criminal group accused of extorting and blackmailing Kakamega Governor Fernandes Barasa.

The apprehension occurred after a man believed to be overseeing Echesa’s affairs being brought before the court on accusations of coercing Ksh240 million from the Kakamega governor. He faced charges including two counts of conspiring to engage in criminal activity and forcefully demanding property.

Former CS Rashid Echesa Rushed to Hospital in Critical Condition

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Lawyers representing former CS Rashid Echesa have written to the Directorate of Criminal Investigations seeking his release from police custody to enable him to seek medical attention.

In a letter to DCI boss Mohamed Amin dated March 29, lawyer Danstan Omari said Echesa was on medication after being “diagnosed with a serious medical condition”.

Omari said that DCI should direct the Officer Commanding Muthaiga Police Station to take Echesa to the hospital for review as stipulated in Echesa’s medical documents.

“Our client, while honoring lawful summons, was arrested on March 27, 2024, on allegations of self-abduction. He was thereafter detained at Muthaiga Police Station for more than 24 hours, which is against our client’s rights as protected by the constitution,” the letter reads.

It’s copied to the Inspector General of Police.

“At the time of his arrest, our client was undergoing medication for he had previously sought medical advice and had been diagnosed with serious medical conditions,” Omari said.

The former CS is being held by police officers at Muthaiga Police Station.

Omari said other than him and lawyer Cliff Ombeta, Echesa has been denied access to his doctors, family, and friends.

He further said the continued detention of the former CS will make his health deteriorate adding that any form of justice related to his arrest cannot possibly take precedence over his health.

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He added that Echesa should be granted cash bail to attend to medical attention in the coming days and to his full recovery.

The lawyer said Echesa is not a flight risk is willing to subject himself to a fair process and intends to cooperate with investigations.

“He is a well-known Kenyan Citizen, a former cabinet secretary in this county, and has a known place aboard. Going forward, he intends to obey any other summons and give any information as required by investigators in this matter,” Omari said.

He said his client had been detained to help with investigations into claims of abduction.

“We have been allowed to see him. We understand they are investigating claims of extortion and abduction which we don’t know more about,” he said.

“There is no complainant in this case. He is the one who reported the matter in the first place and now he has been reported here.”

Echesa is said to have been picked up from his house in Nairobi on Thursday and taken to Muthaiga police station.

On Thursday at about 4 pm, he is said to have been picked from Muthaiga and taken to the Directorate of Criminal Investigations where Omari followed him there.

Echesa Wants DCI to Grant Him Bail to Seek Treatment

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Former Sports Cabinet Secretary Rashid Echesa was on Thursday, March 28, arrested for his alleged role in an extortion ring targeting Kakamega Governor Fernandes Barasa.

Reports indicated that police officers attached to Muthaiga Police Station seized the former CS from his house on Thursday afternoon and taken to the Directorate of Criminal Investigations (DCI) Kiambu Road for interrogation.

According to the officers, Echesa had been avoiding the police trail.

According to Echesa’s lawyers, Danstan Omari and Cliff Ombeta, the police officers did not provide any information regarding his arrest warrant including the charges leveled against their client.

They termed his arrest as a political witchhunt by his detractors.

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“We have not been told the amount that was involved in these allegations. There is no complainant and if you look at the circumstances, Echesa was the initial person to file a formal complaint,” Omari stated.

“Even though it is Easter, we will apply to court since it’s a matter of life and death to ensure he is released.”

The incident comes after a man alleged to be Echesa’s handler was taken to court for allegedly extorting Ksh240 million from the Kakamega governor.

The suspect was charged with two counts including conspiracy to commit a felony and demanding property with force.

The handler was accused of leading a gang that coerced and extorted the amount from Barasa.

He denied the charges and was released on a Ksh2 million bond with a surety of the same amount.

Ex-CS Rashid Echesa Nabbed in Governor Barasa Conning Scam

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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

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