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Milimani chief magistrate Martha Mutuku placed Itumbi and his co-accused blogger Samuel Gateri on their defence after the prosecution proved its case.
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In August, Itumbi, through lawyer Katwa Kigen, told Mutuku to find that he had no case to answer and acquit him of three charges of making false documents, publishing false documents and reprogramming a phone.
Image: EZEKIEL AMING'A
Former State House digital director Dennis Itumbi was Wednesday put on his defence over the fake letter alleging a plot to assassinate Deputy President William Ruto.
In a brief ruling, Milimani chief magistrate Martha Mutuku placed Itumbi and his co-accused blogger Samuel Gateri on their defence after the prosecution proved its case against them.
“Having analysed the evidence before court, I find that the prosecution has proved the case beyond a reasonable doubt to warrant the accused to be placed on their defence,” she said.
Mutuku directed that the matter be mentioned on Thursday to fix the date for defence hearings.
In August, Itumbi, through lawyer Katwa Kigen, told Mutuku to find that he had no case to answer and acquit him of three charges of making false documents, publishing false documents and reprogramming a phone.
"That the prosecution has not made out a case which the court can be interested in his defence," lawyer Katwa said.
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 averred 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 told court.
In the case, the prosecution, through Anderson Gikunda, called eight witnesses to prove the charges against Itumbi and Gateri.
But 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.
He said no search warrant and seizure was obtained before the phones and documents were taken from his client.
"The prosecution did not obtain a search warrant to seize the accused's Samsung and Oppo. This renders the exhibits, which are the foundation of the case, illegally obtained."
The prosecution wanted Itumbi and Gateri put on their defence, saying they had proved the charges against the two beyond any reasonable doubt.
Police investigations established that the post, which was circulated on social media, was sent from Gateri’s cell phone number.
Itumbi and Gateri are charged with publishing a false statement, contrary to Section 66(1) of the Penal Code.
They have since denied that on or before June 20, 2019, at an unknown place, they published a letter dated May 30, 2018, with the intent to cause anxiety to the general public.
Itumbi was accused of posting the letter in a WhatsApp group of the Tangatanga team allied to the DP.
Itumbi is separately charged with making a false document. He is indicted with making a letter dated May 30, 2019, purporting it to be a genuine letter written by a Cabinet secretary.
The third charge against Itumbi is that of reprogramming of a mobile phone contrary to Section 84(G) of the Kenya Information and Communication Act.