An anti-corruption court in Nairobi is on Friday expected to issue a ruling on whether former State House director Dennis Itumbi will get the go-ahead to sue Interior CS Fred Matiang'i over the Ruaraka land scam.
This comes after Itumbi on Tuesday told Magistrate Douglas Ogoti that he had met the legal threshold needed to institute the private proceedings against Matiang’i.
Ogoti rejected a submission by the office of the Director of Public Prosecutions (ODPP) saying the application by the former State House director of digital was filed in the interest of one party only.
"I need to hear Itumbi first to know if his case has a legal threshold before he is allowed to serve his documents to the CS who he seeks to privately prosecute, " the judge said.
Itumbi said his decision to take the CS to court was because anti-graft body EACC and DPP were reluctant to charge him after the High Court ruled the Ruaraka land was public and illegally acquired.
The outspoken Itumbi wants the ‘Super CS’ charged with abuse of office, willfully failing to comply with the law on management of public funds, financial misconduct as well as conspiracy to defraud.
High Court judges Benard Eboso, Elijah Obaga and Kossy ber ruled in June 2019 that National Land Commission misled the education ministry into illegally paying Francis Mburu for the Ruaraka land.
CS Matiang’i was the Education CS when the transaction happened and the move by Itumbi to face the feared minister head-on is bound to attract wide public interest as well as the outcome of the case.