Rashid Echesa sighs a relief after court orders DPP to return his seized property

Former Sports CS Rashid Echesa. File

Controversial Former Sports CS Rashid Echesa gets another relief after winning against the state for the second time in a row after the High Court ignored an appeal by the DPP.


Last month the former CS won a petition for the release of his vehicle and two firearms that had been confined by the police.




Senior principal magistrate Kenneth Cheruiyot ruled out the DCI to give Echesa his car and guns but the DPP hurried ran to the High Court to overturn the order.



Nonetheless, Justice Luka Kimaru terminated the appeal by the DPP ruling that it lacked merit.




“The application by DPP for revision of the said order issued by the magistrate, therefore, lacks merit and is hereby dismissed,” he ruled.




Judge Kimaru said upon assessing the facts of the application, the magistrate followed the law when he authorized the police to discharge the property to Echesa.



“It was clear to the court that the detention of the firearms and the vehicle is not connected with the pending criminal case before the trial court,” the court said.



The judge said the persistent confinement of the firearms by the police was in resentment of the injunctions issued by the Kakamega court and the DPP did not dispute the validity of that order.




“The DPP or the police can mean ke appropriate application before that court to set aside or review the order but so long as that order is still in force, the police have no option but to comply with the same and release the firearms to the Echesa,” he ruled.




Justice Kimaru maintained that there was no legal explanation for the continued incarceration of the vehicle and the same should, therefore, be returned to Echesa without more bustle.