Dennis Itumbi’s frustration over Ruto assasination case
Dennis Itumbi has accused a Nairobi court of employing delaying tactics in a case in which he is charged with circuiating a fake letter whose contents suggested there was a plot to assasinate President William Ruto.
Itumbi, a famous blogger at the time, now serves as ICT Chief Administrative Secretary (CAS) even though his appointment and that of his colleagues has temporarily been halted by court.
In a court hearing in June 7, 2023, Itumbi blasted the prosecution when it applied to adjourn the case at a time he was scheduled to defend himself.
“My client was ready to defend himself in the case but the prosecution is delaying the completion of this case,” a defencse lawyer told Milimani chief magistrate Susan Shitubi.
The magistrate heard the plea to adjourn the trial was a tactic by the state to delay his case on allegations that there was no police file in court.
Itumbi said it was an infringement to his rights to fair administration of justice.
Through his lawyer, Itumbi vehemently opposed the application to adjourn the case saying having no police file in court is not sufficient enough to warrant an adjournment.
“There is no basis to entertain an adjournment. Let the hearing proceed. The matter should proceed as the accused was not supposed to be put on defence”, Itumbi told court.
The court was further told the matter is an old one and the delay will infringe the rights of the accused if the case is delayed.
The prosecution had asked court for more time since the investigating officer was away as he had taken leave after some period of training.
The state said the police file was not in court and prayed for more time.
Magistrate Shitubi however, allowed the application by the DPP to have the matter adjourned noting that they were not prepared for the defence.
“I note that the prosecution is unprepared. Let’s give them an adjournment so that they can proceed, we don’t force the case to proceed”, the magistrate ruled.
She added that since the case was coming for the first time for hearing before her she allowed the DPP to prepare.
The case was adjourned to July 28, 2023.
Cabinet Secretaries and lawmakers are among witnesses lined up to testify in defence.
Itumbi was placed on his defence in 2022 after prosecution closed its case.
The trial court after analysing the evidence before the court found that the prosecution had proved the case beyond a reasonable doubt to warrant the accused to be placed on their defence.
He had urged the court to find that he had no case to answer for lack of evidence and acquit him of three charges of making false documents, publishing false documents and reprogramming a phone.
The state through Anderson Gikunda, called eight witnesses to prove the charges against Itumbi and his co-accused.
His counsel Katwa Katwa argued that the forensic report supposed to prove, demonstrate and establish the three charges did not allege the accused committed any of the crimes.
According to the charge sheet, on or before June 20, 2019, the two published a letter dated May 30, 2019, intending to cause anxiety to the general public.