The court has granted the defence more time to present former Sports Cabinet Secretary Rashid Echesa after his acquittal in a Sh39 billion fake arms deal was overturned.
The High Court had ordered Echesa and his co-accused to appear in the Milimani Chief Magistrate's Court on Monday but he did not.
The defence led by Counsel Collins Osewe who held brief for Echesa's lawyer said the ex-CS is bereaved and had travelled to Kakamega.
The court also heard that the third accused person in the case, Clifford Okoth Onyango is also bereaved and had travelled to Migori.
Osewe also stated that today's date was taken without the defence's consent and they had tried to no avail, to pursuade the High Court for another date.
Requesting more time, he claimed Echesa's lawyer has not yet discussed with his client how to deal with the matter.
The others in the matter Daniel Otieno Omondi, Kennedy Oyoo Mboya and Crispin Oduor Odipo appeared before Chief Magistrate Lucas Onyina.
Omondi and Mboya were ordered to deposit their cash bail to secure freedom pending a hearing and determination of the matter.
At the same time, Odipo's bail was extended.
The state did not oppose the application seeking another mention date. It also noted that it was ready to take directions in the matter.
Upon determination, Onyina also directed that the matter be mentioned on March 20.
Echesa was acquitted in December 2021, but the Prosecution moved to the High Court to challenge the decision.
Then, Senior Principal Magistrate Kenneth Cheruiyot said the prosecution had failed to prove its case against Echesa.
"The prosecution failed to call key witnesses... who would have shed light on how the arms deal was clinched. In the absence of such testimony against Echesa, I acquit him under Section 215 of the Criminal Procedure Code," he ruled.
On February 26, High Court Judge Kanyi Kimondo ruled in the Prosecution's favour and ordered the five to appear in court, without fail.
"My final order is that the original lower court file shall accordingly be remitted back to the lower court for the court to formally place the 1st to 5th respondents on their defence," he ruled.
The Judge stated that the state had presented a strong case against the former Cabinet Secretary and that the trial court should have found him with a case to answer and put him on defence rather than acquit him.
