Director of Public Prosecutions Noordin Haji on Wednesday, June 17, filed an application to have High Court revoke orders directing former Sports CS Rashid Echesa's car and firearms surrendered to him.
This is after Magistrate Kennedy Cheruiyot allowed Echesa's application, where he was seeking the return of his cars and pistols which had been taken following investigations related to fraud over a Ksh.40 billion fake military tender.
Haji stated that the vehicles are being held pursuant to Section 26(C) of the criminal procedure code.
The code indicates that the state 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,” Haji stated.
The prosecution stated that the two fire arms were taken to the Chairman Firearm Licensing Bureau for verification.
It added that they were yet to receive the results due to the inconveniences that had been caused by the COVID-19 pandemic.
Speaking to Kenyans.co.ke on June 4, 2020, Haji vowed that his office was preparing to appeal the ruling.
"The ruling has not affected our case against Echesa but we are appealing immediately. We still want to detain them. The only thing is that we are trying to ensure that he does not commit another offense using those (guns).
"The other option will have to for whoever gives him the gun to consider whether they have to give him the license or not," stated Haji.
The police had seized Echesa's items during a raid at his house in Karen, Nairobi, on February 13 and 15, 2020.
They recovered a rifle, Ceska and Berreta pistols owned by the politician and 104 rounds of ammunition.
