Director of Public Prosecution Noordin Haji now says he intends to initiate further charges against former CS Rashid Echesa, who was charged with criminal offences related to fraud over a Ksh.40 billion fake military tender.
In an application that the prosecution seeks to have orders directing that Eshesa’s car and firearms be surrendered to him reviewed, the DPP says that the State is holding the vehicles pursuant to Section 26(C) of the criminal procedure code where it is mandated to detain and search items purported to have been unlawfully acquired.
“…the State intends to initiate further charges in lieu of the two firearms depending on the report the Chairman, Firearm Licensing Bureau will submit and the charges shall be rendered futile if the said firearms are released to the respondent,” reads an application by the DPP
According to the prosecution, Echesa used a Range Rover vehicle registration number KCR 786H during the commission of the offences he is charged with making it an exhibit.
Further, the court has been told that the two firearms belonging to Echesa were taken to the Chairman Firearm Licensing Bureau for verification and a report has not been received because of the inconveniences caused by the COVID-19 pandemic.
However, Echesa has objected to the application saying that the State has no powers to invade his privacy and his right to own property, adding that he has tabled evidence to show that he bought the said Range Rover.
It is his argument that no one has claimed the said motor vehicle.
“The question calls for answers is whether if I was arrested in an Uber or Taxify or TukTuk could they have detained the Uber the answer is negative,” argues Echesa.
He further argues that no sufficient evidence has been placed before the court to warrant the court to matter or reverse the orders, adding that he said motor vehicle has never been used to commit any offence as alleged by the State.
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