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Ex-sports CS Echesa moves to court to stop DCI, DPP from arresting, charging him

Former Sports Cabinet Secretary Rashid Echesa.

By Joseph Ndunda | Tuesday, April 16, 2024

Echesa says he is likely to be arrested on allegations of self-abduction

Former Sports Cabinet Secretary Rashid Echesa has petitioned the high court to restrain the Directorate of Criminal Investigations (DCI) and Office of the Director of Public Prosecutions (ODPP) from arresting and prosecuting him for allegedly defrauding Kakamega Governor Fernadez Baraza.

Through lawyer Kirathe Wandungi, Echesa is begging the court to issue a conservatory order to the DCI, DPP and inspector general of the police from arresting him, detaining, charging, and instituting any criminal prosecution arising from the complaint filed by Baraza.

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The lawyer says any arrests by the DCI and the DPP will continue to adversely dishonour the reputation of Echesa if the same is not prevented by the courts.

Echesa says he is likely to be arrested on allegations of self-abduction, claiming he had earlier been arrested upon honouring summons by the Nairobi area DCI commander.

"In view of what has come to my attention, I am apprehensive that my innocence will be greatly compromised given that the DCI and the DPP have kept the matter under utter secrecy," he says.

He made the application under the protection of rights and fundamental freedom, stating that "there is an impending wanton and unjustifiable violation of the applicant's rights if the court does not intervene urgently".

The application states that Echesa is a sick person who has been in and out of the hospital following the alleged assault by the abductors and is required to go back to the hospital every now and then for follow-ups as instructed by doctors.

He has attached medical documents from the Karen Hospital in Nairobi indicating the nature of treatment he is undergoing to support his application.

Echesa claims he was on March 5, 2024, by people, some known to him and others strangers, who assaulted and later set him free.

Wandungi says Echesa reported the incident at Karen police station vide OB/18/3/2024 but no other action was taken thereafter by the police.

"The applicant was assaulted by his abductors, who left him with life-threatening injuries and had to seek medical assistance at a hospital," states the application.

"No investigations have been carried out since the applicant (Echesa) reported to the police about his abduction, and it is beyond imagination that the abduction is being deemed as self-made instead of arresting and charging the abductors in court."

He says his abductor is a well-known public official, and "his social and political status should not be used as an impediment to justice in this matter".