A Nairobi court has thrown out a case against Information Chief Administrative Secretary (CAS) Dennis Itumbi who was accused of authoring a fake assassination letter against President William Ruto when he was Uhuru Kenyatta’s deputy.
Director of Public Prosecution Noordin Haji told the court that there is no evidence to prosecute the case against Itumbi and co-accused Samuel Gateri.
Itumbi and Gateri were facing charges of publishing false information and being in possession of a letter purportedly written by former Interior Principal Secretary Karanja Kibicho.
According to the charge sheet, the two published a letter dated May 30, 2019, with the intention of causing anxiety among the public.
However, Milimani Chief Magistrate Susan Shitubi acquitted themthem, ruling that the charges leveled against them were unconstitutional and lacked sufficient evidence.
“It is very unfortunate that l am acquitting the accused persons at the tail end of the hearing of the case. However, the law allows me to acquit the accused if it emerges the section under which they were charged was unconstitutional. I will therefore proceed to acquit the two accused persons under section 87(b) of the Criminal Procedure Code,” Magistrate Shitubi ruled.
The accused lawyers through Katwa Kigen told reporters at Milimani Law court that section 66 under which the accused were charged was declared unconstitutional by the High Court.
Responding to the court’s decision, Itumbi criticized former security chiefs Kibicho and Fred Matiangi for initiating legal action against him, stating that the court had vindicated him.
“The Court has THROWN out La Mada charges describing them as UNCONSTITUTIONAL! The end of Republic vs Dennis Itumbi and Samuel Gateri is an opportunity to tell Karanja Kibicho, Fred Matiangi, and former DCI boss Kinoti – SHAME ON YOU!” Itumbi said even as he asserted that the meeting in question took place.
“So did La-Mada meeting happen? YES! The meeting was chaired by Karanja Kibicho and he told the meeting, “Do not worry we will stop William at all costs, including doing what we did to Saitoti” Itumbi claimed.