Blow as Itumbi’s graft case against Matiang’i is dismissed

Court has dismissed a case in which former State House Digital Strategist Dennis Itumbi had accused Interior Cabinet Secretary Dr. Fred Matiang’i of corruption.

Citing lack of constitutional threshold, Milimani Anti-corruption Court Chief Magistrate Douglas Ogoti, noted that the application was not sufficiently prepared to consume court’s time.

He sought to know how the complainant (Mr. Itumbi) had fished out his evidence he wanted to use against Dr. Fred Matiang’i to back up the graft claims.

“His affidavit doesn’t contain information on whether he had permission to use the public documents and when and how he obtained them,” Ogoti stated adding that by not describing how he managed to access the materials, it was going be illegal to purport to use it against any state official.

“By not describing how he obtained it, it cannot be used. He ought to have explained how he obtained the public and private documents,” the magistrate clarified.

The former State House operative had brought along documents from the National Treasury, Commissioner of Lands and the Ministry of Education MOE all of which had not been certified(rubber stamped and signed) as required for the purposes of authenticity.

“The said documents as they are do not meet the legal threshold and cannot be produced and used in court.

“They (exhibits) do not meet the admissibility test as prescribed in the Evidence Act,” Said Ogoti.

After the dismissal, the complainant Mr. Itumbi quickly tweeted about reviewing the decision made by the court today saying he was still not convinced.

Mr. Itumbi who is now a social media handler for DP William Ruto, filed a 193 page application on November 18th seeking to hold CS Matiang’i liable for sh 1.5 payment for Ruaraka public Land.