Itumbi seeks to halt prosecution in ‘false document’ case
Dennis Itumbi has asked the court to stop his prosecution in a case he stands accused of authoring a false document.
Via his lawyers, Katwa Kigen and Georgiadis Majimbo, Itumbi, a close ally of Deputy President William Ruto, says the prosecution has failed to avail evidence to warrant him and his co-accused Samuel Gateri to be placed on their defence.
Kigen and Majimbo have also told the court the section under which Itumbi and Gateri are charged has been, ‘declared unconstitutional by the high court’.
ButAnderson Gikunda, the State Prosecutor, insists the two suspects should be put on their defence as he has presented tangible evidence.
Milimani law court chief magistrate Ms Martha Mutuku will decide on September 15 whether the case will proceed to a full hearing.
The facts as drafted in the charge sheet indicate Itumbi, also a former State House Director of Digital Communication, at an unknown place within the Republic of Kenya, published a letter with Gateri with intent to cause anxiety to the general public.
Itumbi also faces another count of re-programming a mobile phone contrary to Section 84 of the Kenya Information and Communications Act and interfering with the operations of his mobile when he is not its manufacturer.
Court heard the letter which allegedly talked about an assassination plot on the Deputy President was being circulated in a Whatsapp group christened ‘Tanga Tanga’.