The High Court has stopped the arrest and prosecution of former Sports CS Rashid Echesa over election offences arising from the Matungu by-election held on March 4 in Kakamega county.
Justice W M Musyoka on Friday granted orders stopping Echesa from taking a plea, pending hearing and determination of a petition he has filed in the High Court.
Echesa moved to the High Court on May 24, seeking orders to stop the DPP from charging him in a lower court in Kakamega.
The DPP sought to charge Echesa with four counts – obstructing an election officer, creating disturbance, assault and entering an election centre without authority during the Matungu by-election.
The former CS was to take a plea at the Kakamega law court on May 24, but he moved to the High Court and filed an application seeking to halt his taking of plea and was released on Sh50,000 bond.
Justice Musyoka directed both parties to file written submissions within 14 days, and set July 7 for mention of the petition.
Echesa wants the court to declare that his intended prosecution over the alleged offences is an abuse of the criminal justice system and a contravention of his constitutional rights and freedom.
In his petition, the former CS said he was arrested on March 6 and spent a night at Kakamega Central police station before he was taken to Nairobi Area police station in the wee hours of March 7 under heavy security.
On March 8, Echesa was arraigned in Kiambu and released on Sh1 million bail by chief magistrate Patricia Gichohi.
Echesa has named Director of Criminal Investigations George Kinoti, Inspector General of Police Hillary Mutyambai, Director of Public Prosecutions Noordin Haji and Attorney General Kihara Kariuki as respondents.
He said although a criminal case was filed in a Kiambu court, he was not charged despite the police and the DPP saying they were ready to commence his prosecution.
He said the prosecution has been going round in circles, taking him from one police station to another and one courtroom to another, "only to punish me”
Edited by A.N
