The High court came to the aid of former Sport Cabinet Secretary Rashid Echesa and ordered his release.
The Milimani court restrained police from arresting or detaining Echesa over allegations of self abduction and extortion.
Echesa was due to take plea but complained of being sick before being admitted in hospital. This gave him time to file a case in court to seek not to be detained.
Justice Diana Kavedza said it is the duty of the court to protect Echesa’s rights after he claimed to have been held incommunicado for 48 hours by the police when he was arrested on March 27.
“It is not the duty of the court to interrogate whether the applicant’s allegations are true, but rather, to protect his rights,” said the Judge.
Echesa through his lawyer Danstan Omari filed the application seeking anticipatory bail.
He also sought for orders restraining the Directorate of Criminal Investigations, Inspector General of Police and the Director of Public Prosecutions (respondents) from arresting and charging him without conducting investigations and according him an opportunity to be heard.
He took issue with the manner in which he was arrested saying it was not procedural. The court heard that his arrest came while obeying lawful summons from the County Criminal Investigations Officer (CCIO) Nairobi Area.
He believes his arrest is politically motivated.
He also said he is currently admitted in hospital in order to keep his medical condition in check.
The Judge in admitting him to bail pending hearing of his application said he is to execute a personal bond of Sh2 million.
She said Echesa will be escorted to the officers of the DCI by his advocate as soon as he is discharged from hospital.
This she said should not be later than April 22 for interrogation and questioning.
“He shall cooperate with the investigators during the entire period of investigations. And for the avoidance of doubt, the respondents are at liberty to investigate or charge him for any criminal conduct. However they shall not arrest or detain him in view of the personal bond or until further order of this court,” she added.
The Judge said once investigations are complete, the investigating officer should notify Echesa to appear before the relevant court for plea taking.
Once he is arraigned, the judge said her orders will automatically lapse and the trial court will be at liberty to set new terms of bail.
Echesa was arrested last Thursday over the claims ahead of his planned arraignment. It was then he complained of sickness during the Easter holidays.
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