The High Court on Wednesday April 3, 2024 granted anticipatory bail to former Sports cabinet secretary (CS) Rashid Echesa, pending his arraignment in court.
Echesa, who was arrested on March 28, 2024 is currently at Karen Hospital in Nairobi receiving treatment under police watch.
Justice Diana Kavedza ordered him to pay a personal bond of Ksh2 million.
Subsequently, she directed Echesa to be escorted by his lawyers to the Directorate of Criminal Investigations (DCI) offices when he is out of hospital to record statements not later than April 22.
“….pending hearing and determination of the application, the respondents, their servants, and/or agents, including law enforcement officers are restrained and prohibited from arresting or detaining the applicant,” the court ruled.
While freeing him on bail, the court noted that it was the duty of the court to protect Echesa’s constitutional rights and fundamental freedoms.
This is after the former CS alleged that he was held incommunicado for 48hrs after his arrest on March 28, over allegations of self-abduction.
” The right being threatened is provided under article 29, of the constitution; freedom and security of all persons.”
Echesa through his lawyers Danstan Omari and Cliff Ombeta filed an application on April 2, challenging his continued detention by the police.
The court further directed the police to notify Echesa where to appear for plea taking purposes after investigations, since his bail terms will only lapse once he is charged in court.
“For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any criminal conduct. However, they shall not arrest or detain him in view of order (b) above or until further order of this court,” the court directed.
Echesa in his application argued that he was arrested while obeying lawful summons from the County Criminal Investigations Officers (CCIO) of Nairobi Area.
Furthermore, he argued that prior to his arrest he had never been summoned to appear before the investigative agencies and no arrest warrant had been issued rendering the arrest procedurally unjustifiable and in breach of due process.
Echesa was arrested over claims of extortion, targeting Kakamega Governor Fernandes Barasa.
His lawyer Danstan Omari said Echesa is in police custody for the alleged extortion, cybercrime bullying, and stage-managing an abduction.
The former CS, who is also the current Chairman of the Kenya Water Towers Agency (KWTA), was also taken to the Directorate of Criminal Investigations (DCI) on Kiambu road where he was grilled for hours.
