The Director of Public Prosecution has withdrawn a case against ICT Chief Administrative Secretary Dennis Itumbi.
The CAS had been accused of being behind President William Ruto's fake assassination letter.
In his case involving President Ruto's bogus assassination letter, Dennis Itumbi has accused the prosecution of using purposeful delay tactics.
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Itumbi expressed his displeasure with the state's strategy during a court hearing on Wednesday before Milimani chief magistrate Susan Shitubi. Itumbi was prepared to defend himself. He claimed that the prosecution had violated his rights by repeatedly citing a lack of a police file as justification for postponing the matter in court.
Itumbi vehemently rejected the request for an adjournment through his attorney, underlining that the absence of a police file alone should not be considered adequate justification for extending the proceedings.
The Court reluctantly gave the prosecution another extension in the case concerning Dennis Itumbi's false letter alleging Ruto of an assassination plot, despite significant objections.
The prosecution did not have the case file on hand when the matter was submitted, it was disclosed during the court hearings before Magistrate Susan Shitubi. Given that the matter had been pending for a while, the defense expressed concerns and questioned how the prosecution could present in court without the required paperwork.
"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 contested the request to adjourn the case, contending that there was insufficient cause for the adjournment due to the absence of a police file in court.
He asked that the case be dealt with in accordance with the court's schedule.
According to the state officer, the prosecution would not have to put out much effort to counter his straightforward defense, and an adjournment would just lengthen the proceedings.
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.
