Former sports Cabinet Secretary Rashid Echesa on Thursday threatened to pursue private prosecution against Kakamega Governor Fernandez Barasa if he is not arrested over his alleged abduction and assault.
In a letter to the Director of Public Prosecution Echesa alleges that the governor Barasa illegally abducted, detained and assaulted him on March 5, before releasing him “deep in the night.”
Private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the state.
He now wants the DPP to direct the Inspector General (IG) of police, Japhet Koome to arrest Barasa and those who worked under his instructions in the said offences.
“We are under express instructions from our client to pursue Private Prosecution if no action is taken by your office within the next three days,” reads the letter.
Echesa through his lawyers Danstan Omari and Cliff Ombeta says he reported the matter at Karen police station and was issued with an OB number however no further action was taken by the police.
He says the Governor’s abuse of power is a “mockery of our security and justice organ in the country and portrays the said national institutions as weak and incapable of enforcing the law.”
“Our client believes that failure to arrest the hon. Ferdinand Barasa and those who worked under his instructions and have them immediately arraigned in court over the abduction and assault shall amount to discrimination under Article 27 of the constitution as members of the public who have abused and threatened individuals within the Republic of Kenya have been arrested and arraigned in various courts throughout the country.”
“The status of the governor should not be an impediment to justice as all people are equal before the law,” says the letter.
Echesa alleges that during the detention he sustained life threatening injuries and was forced to go without food and water.
“The unwarranted and forceful abduction and detention is a criminal offence.”
The High Court on March 3, granted Echesa anticipatory bail pending his arraignment in court.
Justice Diana Kavedza ordered him to pay a personal bond of Sh2 million.
She directed Echesa to be escorted by his lawyers to the DCI when he is out of hospital to record statements not later than April 22.
“….pending hearing and determination of the application, the respondents, their servants, and/or agents, including law. enforcement officers are restrained and prohibited from arresting or detaining the applicant.”
While freeing him on bail the court noted that it was the duty of the court to protect Echesa’s constitutional rights and fundamental freedoms.
This is after Echesa alleged that he was held incommunicado for 48 hours after his arrest on March 27, over allegations of self-abduction.
“The right being threatened is provided under article 29, of the constitution; freedom and security of all persons.”
Echesa filed an application on April 2, challenging his continued detention by the police.
The court further directed the police to notify Echesa where to appear for plea taking purposes after investigations ” since his bail terms will only lapse once he is charged in court.”
“For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any criminal conduct. However, they shall not arrest or detain him in view of order (b) above or until further order of this court,” the court ruled.
Echesa in his application argued that he was arrested while obeying lawful summons from the County Criminal Investigations Officers (CCIO) of Nairobi Area.
He said his arrest was humiliating.
The former CS was arrested on March 28, over claims of extortion targeting Barasa.
Police want to charge him with staged abduction and extortion.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
