Former State House digital director Dennis Itumbi will bring over 20 government officials to defend him in his alleged President William Ruto assassination letter case
Milimani chief magistrate Susan Shitubi allowed him to produce CCTV footage on videos of the alleged meeting to assassinate President Ruto.
Itumbi, who was in court on Monday for a hearing of his defence case, told the court that he has several witnesses who are government officials and are ready to testify.
“We had agreed that we take out today’s date because we shall be calling witnesses,” Itumbi told the court.
“Five of them are senators, three CSs, 14 MPs, five former MPs, and five parastatal officials who attended the La Mada meeting, we pray for a non-parliamentary day so that we can avail our witnesses.”
The court directed that the case be heard on March 20 when the state officials are set to appear in court.
Itumbi has a case to answer over a fake letter alleging a plot to assassinate Ruto.
Early this year, Itumbi through his lawyer Majimbo Georgiadis, said he had intended 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 said.
He said 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, said the process of typing the criminal proceedings has taken too long due to high demand.
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.
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 had 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 said 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 the 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 said 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.
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