The hearing of the Ksh 39 billion firearms fraud case against former Sports Cabinet Secretary Rashid Echesa and four co-accused have been delayed, awaiting a decision from the Court of Appeal. The case, which was scheduled to proceed at the Milimani Law Courts, was unable to continue due to the appellate court’s delay in issuing directions.
When the matter was mentioned before Milimani Chief Magistrate Lucas Onyina yesterday, Echesa’s lead defence counsel, Duncan Okatch, requested additional time to seek clarity from the Deputy Registrar of the Court of Appeal.
Okatch informed the court that they were still awaiting instructions from the appellate court regarding an ongoing appeal aimed at quashing the charges and halting further prosecution of the accused. “Your Honour, the Court of Appeal has not yet issued directions on the appeal by the accused persons. We have written to the Deputy Registrar of the Appellate Court, requesting an update on the way forward,” Okatch told the court.
The delay follows a temporary stay granted by the Court of Appeal last year, suspending the prosecution of Echesa and his co-accused pending the determination of their appeal.
As a result, the magistrate granted the defence additional time until 29 May 2025 to update the court on the appellate decision. Onyina also declined a request by the Director of Public Prosecutions (DPP) to issue a warrant of arrest for Echesa, who had failed to appear in court. However, the magistrate directed the former Cabinet Secretary to ensure his attendance at the next mention, either virtually or in person.
Echesa, who currently serves as Chairman of the Kenya Water Towers Agency, is accused of defrauding two foreign nationals through a multi-billion-dollar contract for the supply of military equipment at Harambee Annex, the former office of the Deputy President—now President—William Ruto.
In its ruling, a three-judge bench comprising Justices Patrick Kiage, Ali Aroni, and Lilian Achode suspended a High Court decision that had overturned a lower court’s acquittal of Echesa and ordered him to stand trial. The judges granted a stay, ruling that the case should not proceed to the defence hearing until the appeal was determined.
“We do order that there will be a conservatory order and a stay of the High Court ruling made on 26 February 2024, which directed the trial court to proceed to the defence hearing,” the Court of Appeal judges ruled.
The judges concurred with Echesa’s lawyers, noting that the appeal raised fundamental legal questions requiring judicial consideration. They also acknowledged the trial magistrate’s concern that proceeding with the defence hearing while the appeal was pending would create legal uncertainty.
The Court of Appeal granted the stay after Echesa challenged a High Court ruling by Judge Kanyi Kimondo, who had overturned a lower court’s decision to acquit him of involvement in the multi-billion-dollar firearms fraud case.
In February 2024, Judge Kimondo ruled that the DPP had established a strong case against Echesa. He criticised the lower court’s acquittal, stating that the accused should have been placed on their defence rather than discharged.
“Accordingly, the acquittal of the accused on 3 December 2021 is hereby reversed and set aside,” Justice Kimondo ruled.
The ruling followed an appeal by the DPP against the decision of trial magistrate Kenneth Cheruiyot, who had acquitted Echesa and his co-accused—Kennedy Mboya, Daniel Otieno Omondi alias General Juma, and Clifford Okoth.
The prosecution argued that the acquittal had been improperly granted and that the trial magistrate had failed to consider key evidence, including testimonies from two foreign complainants—Kozlowski Stanley Bruno, CEO of the US-based ECO Advanced Technologies, and Mamdough Mostafa Lofty of Egypt.
The DPP further contended that the magistrate had issued the acquittal late in the evening, at 7:30 pm, in violation of procedural law.
“The Republic contends that the evidence presented clearly established a prima facie case, particularly regarding the charges of conspiracy,” the prosecution argued, insisting that the accused should have been placed on their defence.
Magistrate Cheruiyot had initially acquitted Echesa and his co-accused, citing the prosecution’s failure to produce key witnesses, including the two foreign businessmen. He also noted that CCTV footage from the Deputy President’s office, which captured Echesa’s arrival and departure with the two men, did not show any illegal activities.
“The footage did not show Echesa or his visitors engaging in any unlawful activities,” the magistrate ruled. The court also found no evidence to suggest that Ruto had any knowledge of the foreign visitors in his office. Echesa and his co-accused face 15 charges, including: Making false documents, Conspiracy to commit a felony, Obtaining money by false pretences and Personation.
