The Office of the Director of Public Prosecutions (ODPP) was on Wednesday put on the spot after causing the case against former Sports CS Rashid Echesa to abort.

According to the defence, ODPP failed to produce witness statements in the Sh39 billion fake arms tender scandal.

Echesa's lawyer Evans Ondieki brought the matter to the court's attention during a mention of the case before Milimani Senior Principal Magistrate Kennedy Cheruiyot.

Lawyer Evans Ondieki during a past court appearance
Lawyer Evans Ondieki during a past court appearance

Magistrate Cheruiyot gave the ODPP seven days to ensure the service orders are complied with before the pretrial begins.

The pretrial conference was set for March 23, 2020.

Too embarrassed to use matatus

Through lawyer Bryan Khaemba, Echesa also made an application to have his car and fire arms released.

"The respondents’ continued confiscation of the vehicle has subjected me to embarrassment and loss of dignity because I am now forced to use public transport, and even sometimes travel on foot. The respondents are required by law to protect my dignity. They have, however, subjected my car to vandalism and rot where it is impounded at the DCI headquarters," his application read in part.

In a rebuttle, State Counsel Kennedy Panyako complained that the defence had not furnished him with the application, therefore he was not in a position to respond.

Magistrate Cheruiyot granted the DPP leave to peruse the application and designate another State Counsel to repond when the case comes up for hearing on March 23.

Echesa and his co-accused are facing more than 10 charges which include: fraud, conspiracy to commit a felony, making a document without authority, obtaining money by false pretence, attempting to commit a felony and uttering a false document.

Rashid Echesa and his co accused Daniel Otieno, Clifford Okoth, Kennedy Oyoo and Chrispin Odipo in court
Rashid Echesa and his co accused Daniel Otieno, Clifford Okoth, Kennedy Oyoo and Chrispin Odipo in court