- Justice Diana Kavedza said it is the duty of the court to protect Echesa’s rights.
- This is after he claimed to have been held incommunicado for 48 hours by the police when he was arrested on March 27.
Image: Jack Owuor
The High Court sitting in Milimani has issued orders restraining law enforcement officers from arresting or detaining former Sports Cabinet CS Richard Echesa.
Justice Diana Kavedza said it is the duty of the court to protect Echesa’s rights.
This is after he claimed to have been held incommunicado for 48 hours by the police when he was arrested on March 27.
"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,’ said the Judge.
Echesa through his advocate Danstan Omari filed the application seeking anticipatory bail.
He 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 (CCIO) Nairobi Area.
He believes his arrest is politically motivated.
He also said he is currently admitted to the hospital in order to keep his medical condition in check.
The Judge in admitting him to bail pending hearing of his application said he is to execute a personal bond of sh 2 million.
She said Echesa will be escorted to the officers of the DCI by his advocate as soon as he is discharged from the hospital.
This she said should not be later than April 22 for interrogation and questioning.
"He shall cooperate with the investigators during the entire period of investigators," she said.
"And or 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 order of this court," she added.
The Judge said once investigations are complete, the investigating officer should notify Echesa to appear before the relevant court for plea taking.
Once he is arraigned, the judge said her orders will automatically lapse and the trial court will be at liberty to set new terms of bail.