Dennis Itumbi has accused the prosecution of stalling his case in President Ruto’s fake assassination letter case.
Itumbi, who was prepared to defend himself in the case, told Milimani chief magistrate Susan Shitubi on Wednesday that the state’s technique of delaying his case on the basis of assertions that there was no police file in court was a violation of his rights.
Itumbi, through his counsel, vigorously contested the plea to delay the case, claiming that the absence of a police file in court was insufficient to warrant an adjournment.
However, the Court grudgingly allowed the prosecution one more delay in the matter of Dennis Itumbi’s fake Ruto assassination letter.
When the matter came before Magistrate Susan Shitubi today, the court was informed that the prosecution did not have the file with them.
The defence questioned them on how they can appear in court without a file in a case that has been in court for 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 opposed the application to adjourn the case saying having no police file in court is not sufficient enough to warrant an adjournment.
He wanted the court to order that the matter proceed as scheduled.
The state officer said that his defence is simple and it is not something that will give the prosecution hard work and adjournment will cause delay.
The prosecution on the other hand said that they were not ready and that they needed time to have proper instructions to move forward and also ensure the record is availed.
The defense being aggrieved questioned why the prosecution can ask for an adjournment on the date of the hearing.
The defence expressed concern that the issue of the file may even be dragged on for a year.
The prosecution had asked the court for more time since the investigating officer was away as he had taken leave after some period of training.
In the case, Several CSs and MPs are expected to testify in his defence. Itumbi was placed on his defence early last year after the prosecution closed its case.
The trial court after analyzing the evidence before the court found that the prosecution had proved the case.
But the state through Anderson Gikunda, called eight witnesses to prove the charges against Itumbi and his co-accused blogger Gateri.
According to the charge sheet, on or before June 20, 2019, the two published a letter dated May 30, 2019, intending to cause anxiety to the general public.
The matter will proceed on July 28, 2023.


















