The Directorate of Public Prosecutions (DPP) was dealt another blow in its bid to hold two firearms and a car belonging to former Sports CS Rashid Echesa.
DPP Noordin Haji had moved to the High Court to appeal a ruling made by a magistrate’s court directing police to return the pistols and a Range Rover to Echesa.
The High Court on Wednesday upheld the lower court’s ruling, with Justice Luka Kimaru dismissing DPP’s appeal for lacking merit.
“The court upon evaluating the facts of this application, formed the view that the magistrate did not err in law when he ordered the police to release the said property to Echesa,” Justice Kimaru ruled.
“The DPP or the police can make appropriate application before that court to set aside the order but so long as that order is still in force, the police have no option but to comply with the same and release the firearms to Echesa,” he ruled.
The Court also found that there is no legal justification for the continued detention of Echesa’s vehicle and the same should therefore be returned to Echesa without further ado.
Justice Kimaru noted that Echesa had produced an affidavit from the person he bought the car from and she confirmed that he bought the car from her and has paid for it in full.