Former State House digital director Dennis Itumbi has informed the court that he will call Cabinet Secretaries,Members of Paliaments and Key Governement Officials next year in his defence on Assassination case.
Appearing before Magistrate Susan Shitubi of Milimani Law Courts,through lawyer for second accused Majimbo he said he will play the videos clips that were recorderd on the day of incident indicationg how the former government officers were planning to Assasinate President William Ruto.
“The vedeos that I will play in court indicates how Former Interior PS Karanja Kibicho plaaned to Assasinate Ruto,”says Itumbi while addressing Press.
Magistrate Shitubi has ordered the ICT department of the Courts to prepare and facilitate the vedeo show on March 20,2023 when they are expected to be played.
Itumbi says he will bring over 20 government officials to defend him in his alleged President William Ruto assassination letter case.
The court has also allowed him to produce videos of the alleged meeting to assassinate President Ruto.
The State official told the court that he has several witnesses who are government officials
“We had agreed that we take out today’s date because we shall be calling witnesses and five of them are senators, three CS’s,14 MPs, five former MPs, five parastatals who attended the La Mada meeting, we pray for a non-parliamentary day so that we can avail our witnesses”, Itumbi told court.
He asked court that today’s date be taken out for those reasons.
The court directed that the case be heard on March 20 next year when the government 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 Katwa Kigen and Majimbo Georgiadis, hesaid 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 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.
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 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.
