Former State House digital strategist Dennis Itumbi now wants the court to acquit him in a fake letter case due to lack of evidence.
The parties appeared before magistrate Martha Mutuku where Itumbi’s lawyer Katwa Kigen requested the court to find the accused and his co-accused Samuel Gateri without a case to answer.
“The accused submits that the prosecution have not demonstrated a case beyond reasonable doubt, upon which either a case to answer or a conviction can be made,” added Kigen.
Itumbi says that it is the duty of prosecution to prove a case to answer beyond a reasonable doubt and is so especially if the accused elects not to say anything in his defense.
He says that the exhibits which are the foundation of the case were illegally obtained because there was no search warrant produced when his phone was seized.
“No warrant search warrant and seizure was obtained before the phones and documents were taken from the accused, “added Kigen.
Itumbi avers that deletion of messages does not amount to reprogramming of a phone as alleged in court by the state.
“No credible,consistent and viable evidence and exhibits have been availed 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 in the case to prove the charges against Itumbi and his co-accused blogger Samuel Gateri
Further, Katwa argued that the forensic report which was supposed to prove, demonstrate and establish the three, does not allege the accused committed any of the alleged crimes.
Katwa argued that no search warrant and seizure was obtained before the phones and documents were taken from his client Itumbi.
“The Prosecution did not obtain a search warrant to seize the accused’s Samsung and Oppo. This rendes the exhibits which are the foundation of the case illegally obtained,” Katwa added.
The prosecution on it side wants Itumbi and Gateri put on their defense saying that they have proved the charges against the two beyond reasonable doubt
According to the witnesses who testified in the case they claim that police investigations established the post, which was circulated on social media, was sent from Gateri’s cell phone number
Itumbi and Gateri are charged with publishing a false statement, contrary to Section 66(1) of the Penal Code.
They have since denied that on or before June 20, 2019, at an unknown place, they published a letter dated May 30 2018, with intent to cause anxiety to the general public.
Last time,in the cross-examination led by Itumbi’s lawyer Kigen, Ruto confirmed to the court that he did not investigate where the meeting with the DP was held.
When asked by Kigen if he investigated whether the letter had been written by a Cabinet secretary, the investigating officer said he did not.
Kigen, however, told the court that the investigating officer had not provided any evidence in court to have the CSs confirm that they did not author the letter.
Ruling on whether they have a case to answer will be on August 15,2021.
