The High Court has issued orders restraining the police from arresting and/or detaining former sports cabinet secretary Rashid Echesa.
Justice Diana Kavedza admitted Echesa to a personal bond of Sh 2 million pending the hearing of the application inter partes.
The judge added that the police are at liberty to investigate and charge Echesa but not to arrest or detain him.
“For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any criminal conduct. However, they shall not arrest or detain him in view of order (b) above or until further order of this court,” the judge ruled.
In addition, the judge ruled that the former CS shall be escorted to the offices of the DCI by his advocate as soon as he is discharged from hospital and not later than 22nd April 2024, for interrogation and/or questioning and, he shall cooperate with the investigators during the entire period of investigations.
“Upon conclusion of investigations, the investigating officer shall notify the applicant to appear before the relevant court for plea,” the judge added.
It was the judge’s finding that it is not the duty of the court to interrogate whether Echesa’s allegations are true, but rather, to protect his rights.
Through lawyer Dantsan Omari, the former CS moved to court seeking orders to be granted anticipatory bail after he was “unprocedurally” arrested.
The court heard that on the issue of self-abduction, Echesa was arrested on 27th March 2024 while obeying lawful summons from the county criminal investigations officers (CCIO) Nairobi Area.
Echesa, who is currently admitted in hospital, believes his arrest is politically motivated.
