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Wednesday, December 8, 2021 –Senior Principal Magistrate Kenneth Cheruiyot has been suspended for gross misconduct during his recent landmark ruling against former Sports Cabinet Secretary Rashid Echesa.
The suspension, according to a report from the Judiciary, is attributed to his move to preside over a case and make a ruling past operating hours.
He acquitted Mr. Echesa on the grounds that the government had failed to produce any key witness in the fire arm matter. Among the persons the State ought to have availed to court are the two polish foreigners who were said to have been scammed in the sh 39 billion saga.
Cheruiyot is reported to have made the ruling in favour of Mr. Echesa on Friday at 7.30 PM past working hours.
“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,” said Mr Cheruiyot.
In the case that made headlines last year, the complainants were; Kozlowski Stanley Bruno, the CEO of US based ECO Advanced Technologies firm and Egyptian Mamdough Mostafa Lofty.
Echesa’s co-accused, Chrispin Odipo is, however, still tasked with explaining why he was in possession of instruments to commit forgery.
Mr. Echesa and three others were then acquitted of any fraud, forgery and impersonation in the case that had pitted them against the State.