High Court has dismissed an application by the Director of Public Prosecution challenging the release of a vehicle belonging to former sport cabinet secretary Rashid Echesa.
Justice Lukas Kimaru ruled that the application by the prosecution seeking to review the magistrate court order releasing the said vehicle lacked merits.
According to the judge, Senior Principal Magistrate Kenneth Cherioyoit correctly and properly exercised his judicial discretion when he allowed the application for the release of vehicle.
“There is no legal justification for the continued detention of the said property”, the judge ruled.
Lawyer Khaenba further told the court that the motor that is the subject of the application was not seized at the time of his arrest and he was arrested while he was within the central business in Nairobi whereas the vehicle was later seized from his house.
Through his lawyer Bryan Khaemba, Echesa told the court the detained property had no connection with the charges that he is facing before the court.
Echesa was arrested at his home early this year and later charged over Sh 40 billion fake Military equipment tender.
He is charged alongside Daniel Otieno, Clifford Okoth and Kennedy Oyoo with conspiracy to commit a felony, obtaining money by false pretence, making documents without authority, attempting to commit a felony and uttering a false document.
Additionally, he is facing a charge of obtaining Sh 11.5 million from Kozlowski Stanley Bruno purporting that they would award him the said tender.
Echesa is also accused of impersonating Deputy President William Ruto’s personal assistant.
All the accused persons are out on a cash bail of Sh 1 million each.
