DCI told to return Rashid Echesa’s firearm

Former Sports and Heritage Cabinet Secretary Rashid Echesa on February 20, 2018. [Jonah Onyango, Standard]

The High Court in Kakamega has ordered the Directorate of Criminal Investigations (DCI) to return a firearm, a firearm certificate book and a magazine loaded with ammunition to former Sports and Heritage Cabinet Secretary Rashid Echesa.

Justice Jesse Njagi declared the actions by the State to confiscate the Beretta pistol belonging to Mr Echesa unlawful, unreasonable and an abuse of power.

Justice Njagi further declared that the DCI abused Echesa’s fundamental rights to freedom by arbitrarily arresting and incarcerating him for two nights without a justifiable cause.

The former CS was detained on suspicion that he was involved in killings that occurred in Matungu, Kakamega, where more than 20 people were butchered by a terror gang between March and May this year.

Echesa’s pistol was confiscated on May 17 when he was arrested shortly after attending a political function in Ikolomani, where Deputy President William Ruto was a guest.

He was, however, released without charges on May 19, after the Director of Public Prosecutions (DPP) said there was insufficient evidence to continue holding him.

Aggrieved at his arrest, Echesa filed a constitutional petition in the High Court in which he argued that his rights had been violated.

The DCI, DPP, Attorney General and Inspector General of Police were named as respondents.

Echesa’s lawyer James Namatasi said the arrest was motivated by political forces. Mr Namatasi said his client was being harassed by the Executive after he (Echesa) was sacked from the Cabinet. Echesa had a short stint at the Sports docket.

Justice Njagi dismissed a statement by the investigating officer, Corporal Erick Ogutu, that Echesa had been detained to protect a police source.

“It would be sad for our country if police went around arresting innocent citizens to protect their sources of information,” said the judge.

The State has also been ordered to compensate Mayoni ward representative Libinus Oduor Juma for wrongfully arresting and incarcerating him over the Matungu killings.

Mr Oduor had told the court he was detained despite providing documents that showed he was ailing.

Justice Njagi, however, refused to grant the Sh2 million award that Oduor was seeking. The MCA was instead directed to file a fresh application to be heard and determined after all parties respond to the petition.