•Itumbi did not have certified copies of public documents.
•The court also noted there was no demonstration or any demand from the custodian of the documents.
Anti-corruption court magistrate Douglas Ogoti has dismissed an application by former State House digital director Dennis Itumbi, in which he sought to be allowed to prosecute Interior CS Fred Matiang'i.
Anti-corruption court magistrate Douglas Ogoti has dismissed an application by former State House digital director Dennis Itumbi, in which he sought to be allowed to prosecute Interior CS Fred Matiang'i.
Itumbi had wanted to prosecute the CS over the Ruaraka land case.
Itumbi accuses Matiang'i, who was at the time the Education CS, of willful failure to comply with the law on management of public funds during the compulsory acquisition of the Ruaraka land on which two schools sit.
However, on Friday, Ogoti said Itumbi failed to explain how he accessed the information or documents in his affidavits that he intended to use against Matiang'i.
"His affidavit doesn't contain information on whether he had permission to use the public documents and when and how he obtained them," he said.
"By not describing how he obtained it, it cannot be used. He ought to have explained how he obtained the public and private documents."
Among the documents were letters written by the national Treasury, commissioner of Lands and Ministry of Education.
Itumbi did not have certified copies of public documents.
The court also noted there was no demonstration or any demand from the custodian of the documents.
They were not signed.
"The said documents as they are do not meet the legal threshold and cannot be produced and used in court."
"They (exhibits) do not meet the admissibility test as prescribed in the Evidence Act."
Itumbi said he will seek a review of Ogoti's ruling.