- The case before magistrate Shitubi was to confirm whether Itumbi had been supplied with court proceedings before he defends himself.
- The magistrate however stated that the proceedings had not been typed and gave more time to have them typed.
Image: FILE
The case against former State House digital director Dennis Itumbi will be mentioned on February 17 after the accused failed to show up in court.
Itumbi failed to appear before Milimani chief magistrate Susan Shitubi on Monday as he was said to be sick.
He has a case to answer over a fake letter alleging a plot to assassinate Deputy President William Ruto.
Through his lawyer Katwa Kigen, the court was told that he was still sick and recovering following a kidnap in December that left him with injuries.
"It is true we have furnished a discharge summary for the 1st accused, we thereby pray for his attendance today to be dispensed with," the lawyer said.
The case before magistrate Shitubi was to confirm whether Itumbi had been supplied with court proceedings before he defends himself.
The magistrate however stated that the proceedings had not been typed and gave more time to have them typed.
Shitubi also notified the accused that the matter will be concluded by the trial Magistrate Martha Mutuku who was transferred to Mombasa.
"I can confirm that the proceedings have not been typed and we are making plans for this matter to be concluded by the trial magistrate since the matter is in its final stages, " Shitubi said.
Itumbi and his co-accused will now give an account of what happened either through a sworn affidavit or in person.
The court directed the case to be mentioned on February 17 to fix a defence hearing date.
Itumbi and his co-accused Samwel Gateri were on September 2021 found to have a case to answer in the fake DP Ruto assassination letter.
Milimani Chief magistrate Martha Mutuku had ruled that the two will have to defend themselves against the charges after the prosecution closed its case.
“Having analysed the evidence before the 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.
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.
-Edited by SKanyara