- The magistrate directed the matter to be mentioned on January 31, 2022 to confirm whether the defence has been supplied with court proceedings.
- Itumbi has a case to answer over a fake letter alleging a plot to assassinate Deputy President William Ruto.
Former State House digital director Dennis Itumbi has asked the court to supply him with court proceedings before he defends himself.
Itumbi has a case to answer over a fake letter alleging a plot to assassinate Deputy President William Ruto.
When the matter came up for mention before Milimani chief magistrate Susan Shitubi, Itumbi, through lawyer Katwa Kigen, informed the court he wanted the proceedings typed and supplied to him before taking a defence hearing date.
The magistrate directed the matter be mentioned on January 31, 2022, to confirm whether the defence has been supplied with court proceedings and to give further directions.
In September, Milimani chief magistrate Martha Mutuku placed Itumbi and his co-accused Samuel Gateri on their defence after the prosecution proved its case against them.
“Having analysed the evidence before the court, I find that the prosecution has proved the case beyond a reasonable doubt to warrant the accused to be placed on their defence,” the magistrate ruled.
Previously, Itumbi urged the court to find that he had no case to answer for lack of evidence 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," he said.
He argued the charge of making a false document under Section 66 of the Penal Code is unconstitutional following a 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 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 Gateri.
Katwa argued that the forensic report that was supposed to prove, demonstrate and establish the three charges did not allege the accused committed any of the crimes.
Katwa argued that no search warrant was obtained before the phones and documents were taken from his client.
Edited by Henry Makori