Former State House Digital Director Dennis Itumbi was on Wednesday put on his defence in the criminal charge over the fake letter alleging a plot to assassinate Deputy President William Ruto.
Milimani chief magistrate Martha Mutuku placed Itumbi and his co-accused Samuel Gateri on his defence after the prosecution proved its case against them.
“Having analyzed the evidence before court I find that the prosecution has proved the case beyond reasonable doubt to warrant the accused to be placed on their defence,” the Magistrate ruled.
She directed the matter to be mentioned Thursday to fix the date for the defence hearing.
In August, Itumbi through lawyer Katwa Kigen told Mutuku to find that he has no case to answer and acquit him of three charges of making false documents, publishing false documents and reprogramming a phone for lack of evidence.
"That the prosecution has not made out a case which the court can be interested in his defence," lawyer Katwa says.
He argued the charge of making a false document under Section 66 of the Penal Code is unconstitutional following the High Court decision in the case of blogger Cyprian Nyakundi this year.
Itumbi avered that deletion of messages does not amount to reprogramming a phone as alleged in court by the state.
"No credible, consistent and viable evidence and exhibits have been presented to assist, make a sufficient case for Itumbi to answer," Katwa informed the court.
In the case, the prosecution, through Anderson Gikunda, called eight witnesses to prove the charges against Itumbi and his co-accused blogger Samuel Gateri.
Further, Katwa argued that the forensic report that was supposed to prove, demonstrate and establish the three charges, does not allege the accused committed any of the alleged crimes.
Katwa argued that no search warrant and seizure was obtained before the phones and documents were taken from his client.
Edited by D Tarus
