Former State House Digital Director Dennis Itumbi has urged a Nairobi Court to acquit him in his case in which he was charged over a fake assassination letter against Deputy President William Ruto.
Through his lawyer Katwa Kigen, the blogger wants Milimani Chief Magistrate Martha Mutuku to find that he has no case to answer and acquit him of three charges of making false documents, publishing false documents and reprogramming a phone for lack of eveidnce.
“That the Prosecution has not made out a case which the court can be interested in his (Itumbi) defence,” lawyer Katwa says.
Itumbi further in the submission further argued that deleting of messages does not amount to reprogramming of a phone as alleged in court by the state.
“No credible, consistent and viable evidence and exhibits have been availed to assist, make a sufficient case for Itumbi to answer,” Katwa informed the court.
In the case, the prosecution through Anderson Gikunda called eight witnesses in the case to prove the charges against Itumbi and his co-accused blogger Samuel Gateri
Further, Katwa argued that the forensic report which was supposed to prove, demonstrate and establish the three, does not allege the accused committed any of the alleged crimes.
“The Prosecution did not obtain a search warrant to seize the accused’s Samsung and Oppo. This renders the exhibits which are the foundation of the case illegally obtained,” Katwa added.
They have since denied that on or before June 20, 2019, at an unknown place, they published a letter dated May 30 2018, with the intent to cause anxiety to the general public.
Itumbi was accused of posting the letter in a WhatsApp group of the Tangatanga team allied to DP Ruto.
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