Court gives Governor Barasa final chance to provide records in Ksh.250M fraud case against Echesa

Kakamega Governor Fernandes Barasa has been given a final opportunity to provide key financial records in the Ksh.250 million fraud case facing former Sports Cabinet Secretary Rashid Echesa and his co-accused, Joseph Waswa.

In a ruling delivered on Thursday, Kibera Chief Magistrate Stella Atambo directed the Office of the Director of Public Prosecutions (ODPP) to furnish the defence with the outstanding financial statements within seven days, saying the matter has been pending for too long without proceeding to trial.

Echesa and Waswa were charged in April 2024 with conspiracy to defraud Governor Barasa of Ksh.250 million.

They also face separate charges of allegedly conspiring to extort Ksh.240 million from the Governor. The two have denied all the charges.

Magistrate Atambo said the complainant would be given one last chance to supply the documents needed for the hearing to commence.

"I will give the complainant one more chance to furnish the defence with the necessary information to proceed with this matter. It is also not too late to settle, if that is so wished," the Magistrate said.

She noted that the court had to balance the interests of a complainant who claims to have lost colossal sums of money against the rights of the accused persons, who have remained before the court for more than two years without the trial beginning.

The ruling followed opposing applications by the prosecution and the defence after efforts to resolve the dispute out of court failed.

The prosecution had sought to withdraw the case under Section 87(a) of the Criminal Procedure Code, which would have allowed fresh charges to be brought later.

However, the defence opposed the application and instead asked the court to dismiss the case under Section 202, arguing that the prosecution had failed to disclose crucial financial records since the accused were arraigned.

Magistrate Atambo dismissed the prosecution's application, saying it had failed to justify the prolonged delay in supplying the financial statements.

She, however, declined to terminate the case, holding that the allegations involve substantial amounts of money and should be heard and determined on their merits.

The court directed that the case be fixed for hearing on a priority basis once the prosecution complies with the order to supply the outstanding financial documents to the defence.