The Milimani High Court has issued a directive prohibiting law enforcement officials from arresting or detaining former Sports Cabinet Secretary Richard Echesa. Justice Diana Kavedza emphasized the court’s responsibility to safeguard Echesa’s rights, responding to his claims of being held incommunicado for 48 hours following his arrest on March 27.
Justice Kavedza, while addressing the matter, stated that the court’s primary focus is to ensure the protection of Echesa’s rights rather than to verify the accuracy of his allegations.
Echesa, represented by his advocate Danstan Omari, sought anticipatory bail and requested orders restraining the Directorate of Criminal Investigations, Inspector General of Police, and the Director of Public Prosecutions from arresting and charging him without due investigation and an opportunity to present his case.
He raised concerns regarding the procedural aspects of his arrest, citing that it occurred while he was complying with lawful summons from the county criminal investigations officers in Nairobi. Echesa asserted that his arrest appeared to be politically motivated and disclosed that he is currently receiving medical treatment in a hospital.
In granting bail pending the hearing of his application, Justice Kavedza ordered Echesa to execute a personal bond of sh 2 million. She stipulated that Echesa must be accompanied by his advocate to the DCI officers once discharged from the hospital, with a deadline not exceeding April 22 for interrogation.
The Judge emphasized Echesa’s obligation to cooperate with investigators throughout the inquiry process. She clarified that while the respondents retain the right to investigate or charge Echesa for any criminal activity, they are barred from arresting or detaining him due to the personal bond or until further court order.
Upon the conclusion of the investigations, the investigating officer is instructed to summon Echesa to appear before the relevant court for plea taking. At this point, the judge noted that her orders would cease to be effective, allowing the trial court to establish new bail terms as deemed necessary.
