High Court Judge Kanyi Kimondo has overturned the acquittal of former Sports Cabinet Secretary Rashid Echesa and a co-accused in the Ksh39 billion fake arms scandal.
Justice Kimondo ruled on Monday, February 26, that the lower court must proceed to trial, requiring the two individuals to present their defence.
"Accordingly, their acquittal on December 3 2021 under section 210 of the Criminal Procedure Code on those six counts is hereby reversed and set aside," the judge ruled.
The two were ordered to appear in person before the Chief Magistrate, Milimani Law Courts for mention for directions on their trial on March 4, 2024.
Kimondo issued the ruling following an appeal by the State against the decision made by Senior Principal Magistrate Kenneth Cheruiyot in 2021. In that ruling, Echesa was acquitted due to insufficient evidence.
According to the State, the ruling was made after hours at 7.30 pm contravening the Judicature Act and the judge was relying on extraneous matters leading to the conclusion.
"The Republic contends that the evidence disclosed a prima facie case and particularly to the charges of conspiracy which called for a rebuttal from all the five respondents. The State thus prays that their acquittal be set aside and that they be placed on their defence," read part of the court documents.
Meanwhile, in the ruling, Echesa was acquitted of personating a person employed in public service by falsely presenting himself as the personal assistant of President William Ruto (then Deputy President) to two foreigners on February 13, 2020.
Additionally, the five accused including the former CS were acquitted on four counts relating to obtaining money by false pretences, uttering false documents and attempting to commit a felony.
"That the order by the trial court made on 3rd December 2021 placing the 5th respondent on his defence for three counts hereby upheld," read part of the court documents.
The five had been charged with 15 accounts including conspiracy to commit a felony, forging documents, obtaining money by pretence, personating an employee of the public service, and attempting to commit a felony.
In 2023, President Ruto appointed him as the Chairperson of the Kenya Water Towers Agency Board.
The Plan to Defraud Foreigners
Echesa, who previously served as a Cabinet Secretary in the government, stands accused of conspiring to defraud a Polish firm of Ksh39 billion in a military arms deal in October 2019. He is further accused of attempting to produce fraudulent documents to deceive foreigners.
To close the deal, he is said to have impersonated Ruto's PA. He is said to have received Ksh11.5 million from one of the foreigners.
While appearing in court in 2020, he and four others denied all allegations.
