Nairobi, September 22

Former State House Digital Director turned blogger, Dennis Njue Itumbi, has a case to answer in the criminal charges over the fake assassination letter against Deputy President William Ruto, a Nairobi court has ruled.

In a brief ruling, Milimani Chief Magistrate, Martha Mutuku, put Mr Itumbi and his co-accused, blogger Samuel Gateri, on their defence after the prosecution established a prima facie case against them.

"After evaluating the evidence on record, l find that the prosecution has proved beyond reasonable doubt the charges against the accused persons herein. I according put them on their defence," Mutuku ruled.

Mr Itumbi was found with a case to answer in three charges of making false documents, publishing false documents and reprogramming a phone.

In the case, the prosecution through Anderson Gikunda, called eight witnesses to prove the charges against Mr Itumbi and Mr Gateri.

The prosecution, while seeking to put the two bloggers on their defence, said that they have proved the charges against the two beyond reasonable doubt.

On his part, Mr Itumbi earlier, through lawyer Katwa Kigen, had urged the court to acquit him in 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," lawyer Katwa argued.

He argued the charge of making a false document under Section 66 of Penal Code is unconstitutional following the High Court decision in the case of blogger Cyprian Nyakundi earlier this year.

Mr Itumbi avers that deletion 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.

Further, Mr 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 legal counsel argued that no search warrant and seizure was obtained before the phones and documents were taken from his client.

"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.

According to the witnesses, who testified in the case, they claim that police investigations established the post, which was circulated on social media, was sent from Mr Gateri’s cell phone number.

Mr Itumbi and Mr Gateri are charged with publishing a false statement, contrary to Section 66(1) of the Penal Code.

They have since denied that on or before June 20, 2019, at an unknown place, they published a letter dated May 30, 2018, with intent to cause anxiety to the general public.

Mr Itumbi was accused of posting the letter in a WhatsApp group of the Tanga Tanga team allied to deputy President William Ruto.

He is also separately charged with making a false document. He is indicted with making a letter dated May 30, 2019 purporting it to be a genuine letter written by a Cabinet Secretary.

The third charge against Mr Itumbi is that of re-programming of a mobile phone contrary to Section 84(G) of the Kenya Information and Communication Act.