Court dismiss Itumbi’s graft case against Matiang’i. Anti-corruption court magistrate Douglas Ogoti has dismissed an application by former State House digital director Dennis Itumbi, in which he sought to be allowed to prosecute Interior CS Fred Matiang’i.
Itumbi had wanted to prosecute the CS over the Ruaraka land case.
In his application, Itumbi had sought leave to prosecute Matiangi over allegations of the compulsory acquisition of a land. He said the land belongs to the government.
He alleges that the government lost Sh1.5 billion.
However, on Friday, Ogoti said Itumbi failed to explain how he accessed the information or documents in his affidavits. He intended to use the documents against Matiang’i.
“His affidavit doesn’t contain information on whether he had permission to use the public documents and when and how he obtained them,” he said.
“By not describing how he obtained it, it cannot be used. He ought to have explained how he obtained the public and private documents.”
Among the documents were letters written by the national Treasury, commissioner of Lands and Ministry of Education.
Itumbi has indicated that he will appeal the court decision.
He argued that state agencies had declined to prosecute the CS despite several demands in what he attributed to his position in government.
Chief Magistrate Douglas Ogoti dismisses application by Dennis Itumbi seeking to privately prosecute Interior CS Fred Matiangi over the purchase of Ruraka land by the Ministry of Education years ago.#GetTheWholestory pic.twitter.com/nINKxysFwb
— KTN News (@KTNNewsKE) November 27, 2020