Former Cabinet Secretary Rashid Echesa is not immune to criminal proceedings, High Court heard yesterday.
Four government agencies told High Court Judge Jesse Njagi that they have constitutional mandate to apprehend anyone implicated in criminal activities.
The Director of Criminal Investigations (DCI), Director of Public Prosecutions (DPP), Inspector General of Police (IG) and the Attorney General (AG) denied claims that Mr Echesa’s arrest was politically motivated.
The former CS had moved to the High Court under a Certificate of Urgency seeking to have his arrest two weeks ago declared an infringement on his constitutional rights.
He further wanted the court to issue interim orders barring the respondents from re-arresting him and consequently charging him.
To counter the application, the respondents contended that the petition is bad in law, an abuse of court process and an attempt to evade investigations and probable prosecution.
“Orders sought are tantamount to clothing the applicant with immunity against any criminal proceedings which are in contravention of the respondents’ constitutional mandate. Allegations that he is politically targeted are false and not backed by any evidence,” the respondents said.
In a further replying affidavit, detective Eric Ogutu, who is attached to the DCI, disclosed that the petitioner failed to have his statement recorded for the two days he was incarcerated.
He disclosed that the investigations are ongoing and adding that Mr Echesa has been summoned to record a statement on June 5.
Justice Njagi ordered hearing to resume on July 3.
Meanwhile, the High Court has barred the police from arresting Mayoni Member of County Assembly (MCA) Libinus Oduor Juma unless with written authority from the Director of Public Prosecutions (DPP) after the investigations are complete.
Justice Njagi, while granting the Ward Representative Sh50,000 anticipatory bail, said the investigators are free to interrogate the leader any day of the week from Monday to Friday between 8am and 6pm.
This is after Mr Oduor moved to the court seeking a declaration that his arrest two weeks ago and his subsequent release without being charged was unlawful and unconstitutional.
Justice Njagi maintained that there is a likelihood that the MCA may be re-arrested since the officers had indicated that the investigations are ongoing.
The interim orders shall expire on June 13.
