Arrest warrant against four suspects in Echesa Sh39b fake arms case

A Nairobi court has issued a warrant of arrest against four businessmen charged alongside former Sports Cabinet Secretary Rashid Echesa over fraud in the Sh39 billion fake arms deal for failing to appear in court.

When the case came up for mention before Milimani Chief Magistrate Susan Shitubi, the court was informed that the four; Daniel Omondi alias General Juma, Kennedy Mboya, Crispin Odipo and Clifford Onyango were not present in court.

However, a Senior State Prosecutor applied for arrest warrant against them.

Echesa, the court was told, had been excused from attending mentions by Trial Magistrate Lucas Onyina.

Prosecution’s application

Shitubi granted the prosecution’s application and issued warrants against the four and ordered the case to be mentioned on May 13 for further directions.

Magistrate is expected to issue directions on how the matter will proceed after Echesa’s acquittal was overturned by the High Court.

Echesa is accused of defrauding two foreigners through a multi-billion-dollar contract to supply military equipment at Harambee Annex, which housed the office of the then Deputy President, now President William Ruto. In a decision rendered by High Court Judge Kanyi Kimondo, the trial court’s finding that freed Echesa in December 2021 was set aside, and it was ordered that he be placed on the defence.

Justice Kimondo stated that the Office of the Director of Public Prosecutions (ODPP) had built a strong case against Echesa and that the lower court should have found him with a case to answer, putting him on his defence rather than acquitting him.

“Accordingly, their acquittal on December 3, 2021, under section 210 of the Criminal Procedure Code (CPC) on those six counts is hereby reversed and set aside,” Justice Kimondo ruled.

Judge ordered Echesa to appear in person before the Milimani Chief Magistrate on March 4 for mention and directions regarding his defence.

High Court verdict came after the DPP appealed the decision by Trial Magistrate Kenneth Cheruiyot to acquit Echesa and his co-accused, claiming the State had failed to establish a prima facie case against them.

Echesa was acquitted by then Senior Principal Magistrate Kenneth Cheruiyot who said the prosecution had failed to prove its case against Echesa.

“The prosecution failed to call key witnesses who would have shed light on how the arms deal was clinched. In the absence of such testimony against Echesa, I acquit him under Section 215 of the Criminal Procedure Code,” he ruled.

However, On February 26, High Court Judge Kanyi Kimondo ordered Echesa and his co-accused persons to appear in court to defend themselves. That was after the state lodged a successful appeal.