A Nairobi court ruled on Wednesday, September 22, that former State House Digital Director Dennis Itumbi has a case to answer in Deputy President William Ruto fake assassination plot.
In the ruling, Milimani Chief Magistrate Martha Mutuku stated that the prosecution had proven beyond reasonable doubt the charges against Itumbi.
The charge sheet states that on or before June 20, 2019 at an unknown place, Itumbi and his co-accused blogger Samwel Gateri published a letter dated May 30, 2019 with intent to cause anxiety to the general public.
The duo has a case to answer in three charges including; making false documents, publishing false documents and reprogramming a phone.
"After evaluating the evidence on record l find that the prosecution has proved beyond reasonable doubt the charges against the accused persons herein. I According put them on their defense," Mutuku ruled.
Anderson Gikunda, the prosecution in the case, had called eight witnesses to testify against Itumbi and Gateri.
Appearing before the court on August 3, 2021, defense laywers Katwa Kigen and Georgiadis Majimbo, urged the magistrate to rule that the two had no case to answer.
They argued that the section under which Itumbi and Gateri are charged had been declared unconstitutional by the High Court.
"Since the charges are framed on Section 66 of the Penal Code, which has been declared unconstitutional, they are therefore naked without supporting exhibits and no evidence upon which the court can decide to invite a case to answer," Kigen stated.
Majimbo also sought the accused's acquittal, saying "there is no proper case before the court".
