The Anti-Corruption court on Friday dismissed an application by blogger Dennis Itumbi to be allowed to privately prosecute Interior CS Fred Matiang'i over the Sh1.5 billion Ruaraka land case.
Magistrate Douglas Ogoti, in his dismissal, ruled that Itumbi failed to meet the legal and constitutional threshold required to be allowed to proceed with the case.
Ogoti said that Itumbi had failed to explain to the court how he accessed the documents and information in the affidavits he intended to use 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. By not describing how he obtained it it cannot be used,” the magistrate said.
He added, “He ought to have explained how he obtained the public and private documents.”
Among the unsigned documents he presented in court included letters written by the National Treasury, Commissioner of Lands and the Ministry of Education.
Itumbi did not have certified copies of public documents and he failed to present any demand he had presented to the custodian of the said documents.
"The said documents, as they are, do not meet the legal threshold and cannot be produced and used in court. They do not meet the admissibility test as prescribed in the Evidence Act," Ogot added.
He accuses Matiang’I, who was Education CS then, of willful failure to comply with the law on management of public funds during compulsory acquisition of the Ruaraka land that hosted two public schools.
In the case, the self-appointed ‘Hustler Nation’ spokesman sought to be a private prosecutor claiming he had sufficient evidence against Matiang’i in the scam.