Itumbi in court to stop his trial inDP Ruto fake assassination letter case

Former State House digital director Dennis Itumbi now wants to stop his defence hearing in the DP William Ruto fake assassination letter case.

Itumbi, who was in court on Thursday after his abduction incident, was still being helped to walk.

He appeared before Milimani chief magistrate Susan Shitubi.

He has a case to answer over a fake letter alleging a plot to assassinate DP Ruto.

Through his lawyer Majimbo Georgiadis, Itumbi said he intends to move to the constitutional court and seek to stop his case.

“Your honour, we made an application for typed proceedings before my client can defend himself because we want to challenge the criminal proceedings before the High court,” Majimbo told the court.

He added that it has been a challenge getting the typed proceedings since late last year, which makes it hard to apply to the High court.

The prosecution counsel Alice Mathangani, however, indicated that the process of typing the criminal proceedings has indeed taken too long due to high demand.

The court directed Itumbi to write a letter to the Milimani Court administration office asking for speedy typing of the proceedings.

The matter will be mentioned on March 10, 2022, for further directions.

In January, Itumbi failed to appear in court for a mention of his case, saying he was still sick.

Through his lawyer, 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 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 a 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 that 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.

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 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.

 According to the charge sheet, the two, on or before June 20, 2019, published a letter dated May 30, 2019, with the intent to cause anxiety to the general public.