State House Digital Communications Director Dennis Itumbi was yesterday charged in relation to the Deputy President's fake assassination letter.
Itumbi appeared before Senior Principal Magistrate Kennedy Cheruiyot and denied three counts related to the fake assassination letter he allegedly authored.
The Director of Public Prosecutions gave a go-ahead for the prosecution to charge Itumbi who was released on bail last week.
He was also ordered to report at the DCI every two days as he awaited to know whether he would be charged.
It is alleged that on June 20 this year at an unknown place within the Republic of Kenya, he made a letter dated the same day purporting it to be a genuine document made by a Cabinet Secretary a fact he knew to be false.
He was also charged with publishing a false statement with the intent to cause anxiety to the general public.
Police also claimed he reprogramed his Samsung Note 9 saying he intentionally, not being a manufacturer of the mobile phone, interfered with the operation of the mobile phone.
The prosecution told the court that they were not opposed to the release of the accused person on bail.
However, they asked the court to give stringent bond terms to the accused considering the matter is of public interest.
Prosecutor Jacinta Nyamosi also made an application for the court to prevent Itumbi from posting anything any social media related.
However, lawyer Katwa Kigen asked the court to apply the same bond terms that he deposited at the miscellaneous application when he was first arraigned in court.
Kigen opposed the bid by the prosecution to prevent Itumbi from posting on social media saying there is freedom of speech and he is free to post anything so long he does it within the confines of the law.
He also wanted the prosecution to give them the alleged reprogrammed phone saying they need to do an independent forensic analysis.
In his ruling, Cheruiyot released Itumbi on the strength of the Sh 100,000 cash bail he had deposited when he was released on the miscellaneous application.
The court further declined to bar Itumbi from posting anything on social media.
He said the rule that governs what public statements can be made about ongoing legal proceedings applies to everyone and not necessarily the parties in the case.
“To restrain the accused at this stage is assuming he will do so against the law before he even does any act contrary to the law, we cannot take away his freedom of expression right without any evidence”
The case will be mentioned on August 5 for pre-trial.
(Edited by N. Mbugua)
