INTRIGUE AS ITUMBI AND CO ACCUSED TO DEFEND CHARGES FOUND TO BE UNCONSTITUTIONAL

INTRIGUE AS ITUMBI AND CO ACCUSED TO DEFEND CHARGES FOUND TO BE UNCONSTITUTIONAL

By Chris Ojow

Dennis Itumbi and co accused Samuel

Gateri has been placed on their defence .

The trial court found the two accused

with a case to answer over the alleged

letter to assassinate the Country

second in command Deputy President Dr.

William Ruto .

Delivered virtually on 13th May year

2021 by Justice Weldin korir . The

judge declared that section 66 of the

penal code is unconstitutional and

invalid for unjustifiably violating the

Country new 2010 Constitution Article 33

and 50 ( 2) (a) .

It is intriguing that the accused are

expected to defend charges found to be

unconstitutional by the High Court.

The High Court found section 66, that

Gateri and Itumbi are charged with to be

unconstitutional

Nairobi’s Milimani chief magistrate

Martha Mutuku ruled that Former State

House Director of Digital Dennis Itumbi

and co-accused Samuel Gateri will

defend themselves over the allegations .

The accused were charged with three

counts of making false documents,

publishing false documents and

reprogramming a phone.

During the defence submission while

urging the trial Court to acquitt the

accused , defence lawyer Katwa Kigen

while submitting informed the court that

State Prosecution failed to give

credible,consistent and viable evidence

and exhibits to make a sufficient case

for Itumbi to answer.

Further, lawyer Katwa Kigen argued

that the forensic report which was

supposed to prove, demonstrate and

establish the three, did not allege the

accused committed any of the alleged

crimes.

The defence argued that no search

warrant and seizure was obtained before

the phones and documents were taken from

his client Itumbi.

The accused will appear before the trial

court for more direction and to fix the

dates for defence hearing.