Collage of ex-CS Rashid Echesa and Kakamega Governor Fernandes BarasaA Kibera Magistrate's Court has given Kakamega Governor Fernandes Barasa one final opportunity to furnish key financial records in the Sh250 million fraud and extortion case involving former Sports Cabinet Secretary Rashid Echesa and his co-accused, Joseph Waswa.
In a ruling delivered on Thursday, Chief Magistrate Stella Atambo directed the complainant, through the Office of the Director of Public Prosecutions (ODPP), to provide the defence with the outstanding financial statements to enable the long-delayed trial to proceed.
Echesa and Waswa were charged in April 2024 with conspiracy to defraud and related offences involving approximately Sh250 million allegedly targeted at Governor Barasa.
According to the charge sheet, the two are accused of conspiring to defraud Barasa of Sh250 million. They are also facing a separate charge in which they allegedly conspired to extort Sh240 million from the governor.
The two denied all the charges.
In prioritising the case for hearing, the court directed the prosecution to ensure the outstanding financial statements are supplied to the defence within seven days.
"I will give the complainant (Governor Barasa) one more chance to avail, to furnish the defence with the necessary information to proceed with this matter. It's also not too late to settle... if that is so wished, it is not too late," she said.
"This is looking at a complainant (Governor Barasa) who allegedly has lost colossal sums of money, also balancing the rights of an accused person who cannot have this case reviewed under Section 87 after two years of being in court premises waiting for a trial that has never taken place," the magistrate stated.
The ruling followed applications by both the prosecution and the defence after the court was informed that efforts to settle the matter out of court had failed.
The ODPP had applied to withdraw the charges under Section 87(a) of the Criminal Procedure Code, a move that would have discharged the accused while leaving room for fresh charges to be filed in future.
The defence opposed the application and instead urged the court to dismiss the case under Section 202 of the Criminal Procedure Code.
The defence argued that the prosecution had failed to supply crucial financial records since the accused were arraigned more than two years ago.
Magistrate Atambo dismissed the prosecution's application, saying it had failed to explain the prolonged delay in disclosing the key financial statements.
"The application is not merited, and the same is dismissed," she ruled, adding that the request failed to address "the delay that has characterised this prosecution for the last two years."
The magistrate, however, also declined to dismiss the charges, holding that the allegations involved colossal sums of money and should be determined on their merits.
"For the avoidance of doubt, I have not invoked Section 202... This matter will proceed without removal of the charge," she ruled.
The court directed that the matter be fixed for hearing on a priority basis after compliance with the disclosure order.
