- Echesa was last week arrested and detained at the Muthaiga police station on claims of self-abduction and extortion of Sh240 million.
- The money was allegedly extorted from the governor.
Image: Jack Owuor
Former Sports CS Rashid Echesa has threatened to commence private prosecution against Kakamega Governor Fernandes Barasa if the DCI will not pursue his complaints against the county chief.
Echesa was last week arrested and detained at the Muthaiga police station on claims of self-abduction and extortion of Sh240 million.
The money was allegedly extorted from the governor.
Echesa's lawyers Danstan Omari and Cliff Ombeta however say it was the governor who ought to have been arrested because the former CS had made complaints against him with the police.
In a report made at the Karen police station on March 18 under OB No 53/18/2024, Echesa adversely mentioned Barasa citing threats to his life.
But it was Echesa who was arrested on March 27, nine days after he made his report. The former CS claims police have acted unfairly to him by not investigating the allegations he made.
"We are under firm instructions from our client to demand that the DCI quickly summons Barasa to record statements on the allegations by our client or we seek private prosecution," lawyer Omari told reporters on Thursday.
Image: DOUGLAS OKIDDY
The developments came just a day after the High Court in Kibera issued orders stopping the police from arresting or detaining Echesa.
The order followed an application Echesa had filed seeking anticipatory bail. He claimed police had refused to take him to hospital after he fell ill following his arrest last week.
Echesa also claimed he had been detained incommunicado for over 48 hours by the police following his arrest on March 27.
Justice Diana Kavedza said it was the duty of the court to protect Echesa’s rights.
"At this juncture, it is not the duty of the court to interrogate whether the applicant's allegations are true, but rather, to protect his rights," judge Kavedza said.
Echesa also sought orders restraining the Directorate of Criminal Investigations, Inspector General of Police and the Director of Public Prosecutions (respondents) from arresting and charging him without conducting investigations and giving him an opportunity to be heard.
He took issue with how he was arrested saying it was not procedural.
The court heard that his arrest came while obeying lawful summons from the county criminal investigations officers Nairobi area.
Echesa remains admitted at the Karen Hospital in Nairobi where he was taken over the weekend after falling sick.
The judge admitted him to bail and ordered that he pays a personal bond of Sh2 million.
"That has been executed and we have served both the DCI and the police with the court orders," Omari said.
He said Echesa is likely to remain in hospital for weeks and doctors keep his condition in check.
"His condition was very bad. Blood was oozing from a wound he sustained during his arrest and because he was taken to hospital a bit late, he will likely remain admitted for sometime as his condition improves," Omari said.
Judge Kavedza ordered that Echesa be escorted to the offices of the DCI for interrogation and questioning by his lawyers as soon as he is discharged from the hospital. That should not be later than April 22.
"He shall cooperate with the investigators during the entire period of the investigations. And for the avoidance of doubt, the respondents are at liberty to investigate or charge him for any criminal conduct. However they shall not arrest or detain him because of the personal bond or until further orders of this court," Justice Kavedza said.