BY IRENE ONYANGO.
The High Court has granted former Cabinet Secretary Rashid Echesa anticipatory bail following his arrest last week over extortion claims.
Sitting in Kibera, Justice Diana Kavedza restrained the Directorate of Criminal Investigations (DCI) from detaining the former Sports minister, who spent most of the Easter holiday in police cells, before he was released to get medical attention.
“The DCI, their servants or agents, including law enforcement officers are restrained and prohibited from arresting or detaining Rashid Echesa pending hearing and determination of the application,” ruled Judge Diana.
The judge ordered Echesa to execute personal bond of Sh2 million.
She further directed Echesa to be presented to the DCI office once discharged from hospital.
The former CS , the court said, should appear not later than April 22, for interrogation.
However, the judge said the DCI officers are at liberty to investigate or charge Echesa for any criminal record.
The former CS moved to court seeking to block the DCI from arresting and detaining him without conducting investigations.
He argued that the allegations against him remains unproven as he has not been officially charged and even if he was to be charged, it is a bailable offence.
“I am sick person who has been in and out of the hospital and am required to go back to the hospital every now and then for follow-ups as per his doctor’s recommendations.
“My continuous detention shall prejudice my health am required to observe a particular diet while on medication and report back to hospital as and when required, ” Echesa told the court.
He further told the court there is an impending wanton and unjustifiable violation of his rights as stipulated and if the court does not urgently intervene he will suffer.
Echesa argued that the powers of arrest by the police are being abused and misused to harass, intimidate and oppress him to achieve extraneous political purposes unconnected with upholding the Law.
He added that as a law-abiding citizen, he is ready and willing to submit himself to a just and fair legal system/process in which his fundamental rights and freedoms are respected and protected.
According to Echesa, he has not committed any offence nor has he been involved in any criminal activity whether by himself or jointly with any other person.
He submitted that the cause of erroneous apprehensions and possible but his unwarranted detainment serves as a manifest indication that police or their agents, want to engage in a capricious and arbitrary course of action and that he could be a casualty of this unfortunate plan.
