Milimani Law Courts in Nairobi has acquitted ICT CAS appointee Dennis Itumbi in the President William Ruto fake assassination allegations.
While discharging the criminal charges against itumbi and his co-accused person Samuel Gateri, Milimani Chief Magistrate Susan Shitubi ruled that the section under which the two were charge was unconstitutional.
“It is very unfortunate that l am acquitting the accused persons at the tail end of the hearing of the case. However the law allows me to acquit the accused if it emerges the section under which they were charged was unconstitutional. I will therefore proceed to acquit the two accused persons under section 87(b) of the Criminal Procedure Code,” Magistrate Shitubi ruled .
Under section 87(b) of the CPC the court can acquit a suspect who has been put on his defence in a criminal case. Itumbi and Gateri had been put on their defence for allegedly forging a letter alluding that senior government officer on the former president Uhuru Kenyatta regime had hatch a plot to eliminate the then deputy President now president William Ruto.
The plot to kill Ruto was said to have been planned at La Mada Hotel with Nairobi county.
She however gave the office of the Director of Public Prosecutions (ODPP) 14 days to appeal.
The decision to drop the charges was protested against by the office of the DPP saying the move illegal and an ambush.
“You honor we oppose the application by the defence to withdraw the charges on the basis it is an ambush to the DPP and we need time to respond on the same.” The state prosecutor submitted.
Itumbi through his lawyers Katwa Kigen and Adrian Kamotho urged the court to drop the charges against them saying the section under which they were charged was unconstitutional.
” You honor the charges facing the accused persons herein are defective as they are stipulated under section 66 of the penal code which was declared unconstitutional by the High Court in the case filed by blogger Cyprian Nyakundi. We there seek you adopt the same and discharge the accused, ” Lawyer Katwa Kigen said.
The new development comes days after the court in Wednesday June 7 adjourned the defence hearing to July 28,2023 after the DPP said he could not proceed with case as the police file was not availed in court.
Itumbi, a famous blogger at the time, now serves as ICT Chief Administrative Secretary (CAS) had been found with a case to answer and place on his defence in 2022 after the court ruled that the prosecution had proved their case beyond reasonable doubt.
