Matungu killings: Court orders Echesa to serve Kinoti, AG, IG

A court has ordered former Sports Cabinet Secretary Rashid Echesa to serve three of the parties he sued following his arrest over killings in Matungu, so they can appear in court.

Mr Echesa on Wednesday filed a suit against Director of Public Prosecution Noordin Haji, Director of Criminal Investigations George Kinoti, Attorney-General Kihara Kariuki and Inspector-General of Police Hilary Mutyambai.

He wants an explanation on why he was arrested, detained and released without charges. He also claims that Interior minister Fred Matiang'i has ordered his re-arrest.

At the High Court in Kakamega on Friday, however, only the DPP was presented by his lawyer Samson Ng’etich, who requested a mention date to file his responses.

Justice Jesse Njagi ordered Mr Echesa to serve the AG, IG and DCI, and the accused to file their responses when the case will be mentioned on May 30.

THE ARRESTS

Mr Echesa was arrested alongside Kakamega senator Cleophas Malala, Matungu MP Justus Murunga and Mayoni Ward Representative Libinus Oduor over links to the murders in that sub-county.

At least 20 people have been killed so far and eight suspects arraigned.

The former CS was detained at Nandi Hills Police Station from May 17 to 19.

He and the others were later released without charges after the DPP's intervention, as evidence did not meet the threshold for the charges police wanted to prefer against them.

THE LAW

Through his lawyer James Namatsi, Mr Echesa moved to court under a certificate of urgency demanding an explanation for the way he was treated.

“We want the court to consider article 25 of the Constitution which explains fundamental rights and freedoms that may not be limited," Mr Namatsi said.

"We declare that his arrest and intended prosecution were an abuse of the criminal justice system and a contravention of his rights."

According to the lawyer, police used article 49 (1) (f) of the Constitution in contravention of articles 25 and 47.