Echesa trial over fake arms tender aborts after prosecution glitch

The hearing of the Sh39 billion fake military tender case against former Sports Minister Rashid Echesa and four others failed to kick off on Wednesday due to the prosecution’s failure to supply the defence with documents.

The defence protested that the Office of the Director Public Prosecutions (ODPP) was yet to supply them with witness statements and other materials of documentary evidence concerning the case.

Appearing before Milimani Senior Principal Magistrate Kennedy Cheruiyot, lawyer Evans Ondieki said the trial could not start when the prosecution had not complied with an order issued earlier directing supply of documents to the defence.

Following the complaint, the magistrate gave the ODPP seven days to supply the documents while the pretrial was adjourned to March 23, 2020.

The case had been called for a mention to confirm compliance with the order and to set a date for the start of the trial.

Mr Echesa is facing more than 10 charges related to fraud, conspiracy to commit a felony, making a document without authority, obtaining money by pretence, attempting to commit a felony and uttering a false document.

In the case, which also involves an American company, he is charged alongside Mr Daniel Otieno, Mr Clifford Okoth, Mr Kennedy Oyoo and Mr Chrispin Oduor. They have denied the charges and are out on bond.

At the same time, the hearing of an application by Mr Echesa to compel the Directorate of Criminal Investigations to reinstate his two pistols and release his Range Rover vehicle also failed to take place as the ODPP had not filed its response to the application.

State Counsel Kennedy Panyako said the defence had not served him with a copy of the application and, therefore, was not aware. This was because the application was filed when the matter was being handled by a different prosecutor.

Mr Panyako said he needed time to file a response. The court granted his request and the matter was fixed for mention on March 23, 2020 to confirm compliance.

In the application, Mr Echesa says police confiscated his two pistols and his Range Rover car while conducting a search of his house in Karen, Nairobi, on February 13 and 15.

He says he was using the vehicle for personal transport.

While urging the court to order reinstatement of the firearm licence and the pistols, his lawyer Brian Khaemba argued that the confiscation has subjected Mr Echesa to serious security risks and challenges, given that he is a former CS with potential risks to his personal security.

Mr Khaemba said Mr Echesa was given the government-licensed firearms for his personal security when he was in the Cabinet due to the security challenges associated with such a high ranking government position.

“From the particulars of the said charges, there is no indication that the motor vehicle or firearms in question were used to commit or furtherance of any of the alleged charges so as to suggest that they are exhibits in any of them,” said Mr Khaemba.

The lawyer said the confiscation of the firearms was in contravention of a High Court order issued in Kakamega on February 5 which the DCI chose to ignore.

“By continuing to illegally detain the applicant’s only motor vehicle, they have rendered him immobile, subjected him to embarrassment and loss of human dignity in that he is now forced to use public transport and some time walk,'' he said.

He said the vehicle is his personal property which the security agencies are ''obligated to protect yet they have subjected it to vandalism, rot and waste by having it indefinitely detained''.

In the application, he has attached copies of the motor vehicle’s sale agreement and the firearm certificates.

He also seeks an order prohibiting the DCI from revoking the firearm certificate in future without following the laid-down procedures.

The magistrate directed the ODPP to file its response to the application within seven days.

The pretrial will be held on March 23.