Dennis Itumbi has leveled accusations against the prosecution, alleging deliberate delay tactics in his case regarding President Ruto's fake assassination letter.
During a court hearing on Wednesday before Milimani chief magistrate Susan Shitubi, Itumbi, who was prepared to defend himself, expressed his discontent with the state's approach. He argued that the prosecution's repeated claims of the absence of a police file in court as a reason to delay the case amounted to a violation of his rights.
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Through his legal representative, Itumbi strongly opposed the plea for an adjournment, emphasizing that the mere absence of a police file should not be deemed sufficient grounds for prolonging the proceedings.
Despite some reservations, the Court reluctantly granted the prosecution an additional extension in the case involving Dennis Itumbi's fictitious letter accusing Ruto of an assassination plot.
During the court proceedings before Magistrate Susan Shitubi, it was revealed that the prosecution did not have the case file at hand when the matter was presented. The defense raised concerns and questioned how the prosecution could appear in court without the necessary documentation, especially considering the case had been pending for several years.
“Your honour, the prosecution is only delaying this case an act that will infringe on the rights of the accused, “said Itumbi through his lawyer.
Itumbi challenged the request to adjourn the case, arguing that the absence of a police file in court was insufficient justification for the adjournment.
He requested that the matter be handled according to the court's schedule.
The state officer said that the prosecution would not have to work hard to refute his easy defense, and that adjournment would only add to the delay.
On the other hand, the prosecution claimed that they were not prepared and that they needed more time to get the right instructions before proceeding and making sure that the record was made available.
When the prosecution asked for an adjournment on the day of the hearing, the defense objected, asking why.
The defense expressed worry that the file issue would even take a year to resolve.
The investigating officer was absent since he had taken a leave of absence following some training, thus the prosecution had petitioned the court for more time.
After reviewing the available evidence, the trial judge concluded that the prosecution had established its case.
However, the state, represented by Anderson Gikunda, called eight witnesses to support its allegations against Itumbi and fellow blogger Gateri.
The two allegedly published a letter with the intention of alarming the public on or before June 20, 2019, according to the charge sheet. The trial is scheduled for July 28, 2023.
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