LAST WARNING AS COURT DIRECT DCI CHIEF KINOTI TO SURRENDER FORMER CS ECHESA’S RANGE ROVER AT MILIMANI PARKING YARD

Former Cabinet Secretary for Sports Rashid Mohamed Echesa (left) with his Lawyer Evans Ondieki at Milimani Law Court Nairobi County Kenya. PHOTO \CHRIS OJOW

LAST WARNING AS COURT DIRECT DCI CHIEF KINOTI TO SURRENDER FORMER CS ECHESA’S RANGE ROVER AT MILIMANI

By Chris Ojow

At long last, a sign of relief to former Kenyan

Cabinet Secretary for Sports, Rashid Mohamed

Echesa as Nairobi’s Senior Principal Magistrate

Kennedy Cheruyiot while delivering the last

order after a stern warning to State Prosecution,

directed the Country Independent Institution

Director of Criminal Investigation (DCI) to

produce Range Rover Vehicle KCR 786H before

the trial Court at Milimani on Monday 07th

September the year 2020 at 11am East Africa

Time.

The last order declared and directed by the trial

Court on Friday 04th September the year 2020

at 12.42 noon East Africa Time, follows several

orders in the past where the Court ordered the

State Prosecution after the applicant Rashid

Echesa through his Officer of the Court, Veteran

Evans Ondieki filed an application on June 08th

2020, seeking for the return of his client legally

owned confiscated vehicle Range Rover House

and his two legal licensed guns.

Where in there response during the submission

of the application by the defence, the State

objected to the release of the said motor

vehicle, on grounds that the said asset was part

of the evidence in the ongoing case, which is

yet to proceed to trial due to adjournments

occasioned by the State Prosecution for failing

to furnish the defence with all the evidential

materials they intend to rely on.

While delivering a ruling on the application filed

by the applicant Rashid Echesa against the

Respondent the Director of Criminal

Investigation, the Court found out that the said

motor vehicle Range Rover House KCR 786H

was not part of the evidence the State

Prosecution intended to rely on during the trial

in a criminal case number 271 of 2020.

And directed the State to surrender the said

items to the rightful owner the former Cabinet

Secretary for Sports Rashid Echesa, after the

applicant in his submission informed the court

that he was getting difficulties to move around

and hence was reduced to rely on public means

of transport and hiring vehicles to transport his

traumatised family by the State.

The state Prosecution panicked and had to beg

the court through several objections to give

them the last opportunity to abide by the court

direction, ordering the Director of Criminal

Investigation (DCI) to release the motor vehicle

make Range Rover to rightful owner former CS

Echesa.

This is after Echesa lawyer Evans Ondieki in his

lengthy applications filed before Court urged

the Senior Principal Magistrate, to teach DCI a

lesson they will live to remember by jailing one

the investigating officer for disobeying several

court orders, ordering the DCI to release the

personal property that is not part of the

evidence in a alleged criminal case number 271

of 2020 where the SC was charged.

The state in a bid to prevent the calamity

from occurring , in their aggressive response

rose on a point of order to assure the applicant

that they are not objecting to adhering to the

court order, but the warrant of arrest issued

against DCI investigating officer could not be

effected, since the said officer was off duty and

at the same time was challenged medically,

where by after several test, the said officer was

found to be infected by the deadly Global

ongoing pandemic and was in self isolation.

The orders issued on Friday 4th, the State was

directed to jumpstart the vehicle in advance

and drive the vehicle in dispute, park it at

the court parking yard Milimani Law Court on

Monday 7th, where the Senior Principal

Magistrate Kennedy Cheruyiot acting on his

order will present the vehicle to the owner

Rashid Mohamed Echesa.

And on the issue of the confiscated guns, the

court also advised and directed the applicant

Echesa to follow it up with the high court in

kakamega County, since the lower court in

Nairobi was unable to challenge and overturn

the decision of the High Court.

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