Former State House digital director Dennis Itumbi will have to defend himself on allegations that they circulated false information indicating that there was an assasination plot against Deputy President William Ruto.
In a virtual session, Milimani Court Chief Magistrate Martha Mutuku ruled that Itumbi and political strategist Samwel Wanjiru Gateri will have a case to answer.
“Having analysed the evidence before court, I find that the prosecution has proved the case beyond a reasonable doubt to warrant the accused to be placed on their defence,” she ruled.
She directed that the matter be mentioned on Thursday to fix the date for defence hearings.
Itumbi faces three charges of reprogramming a phone, making and publishing false documents.
In the first count, Itumbi is accused of drafting a letter knowing it was a fabrication on June 20, 2019.
“Dennis Njue Itumbi, on June 20, 2019, at an unknown place within the Republic of Kenya, made a document to wit a letter dated May 30, 2019 purporting to be a genuine document made by a cabinet secretary a fact you knew to be false…” read in part the charge sheet.
On the second count, Itumbi is claimed to have published the letter to cause anxiety to the general public despite knowing the allegations in the letter were false.
The state claimed that Itumbi intentionally interfered with the operations of mobile phone on the third count.
However, Itumbi, through his lawyer Katwa Kigen, had urged the court to acquit him of all the charges for lack of evidence.
“That the prosecution has not made out a case, which the court can be interested in his (Itumbi) defence,” said Kigen.
He argued the charge of making a false document under Section 66 of the Penal Code is unconstitutional following the High Court decision in the case of blogger Cyprian Nyakundi this year.
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 assist, make a sufficient case for Itumbi to answer,” Katwa told court.
The prosecution, through Anderson Gikunda called eight witnesses to prove the charges against Itumbi and Gateri.
Gateri was initially listed as the State’s first witness in the case alongside two Directorate of Criminal Investigation (DCI) officers.
However, he later disowned the State, claiming he had been coerced to implicate Itumbi.