The Director of Public Prosecution (DPP) has made a surprising decision to withdraw the case against Dennis Itumbi, the Chief Administrative Secretary (CAS) of the Ministry of Information, Communication, and Technology.
Itumbi had been accused of orchestrating a fake assassination letter targeting President William Ruto.
The withdrawal of the case was allowed by Milimani chief magistrate Susan Shitubi, who granted the DPP's application.
Itumbi had voiced his frustration earlier in the week, alleging that the prosecution was deliberately prolonging the case.
He claimed that the excuse of a missing police file in court was a deliberate tactic used to infringe upon his rights.
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He firmly opposed the application to adjourn the case, arguing that the absence of a police file should not warrant a postponement.
In a surprising turn of events, Chief Magistrate Shitubi acquitted Itumbi and his co-accused, Samwel Gateri, on the grounds that the section under which they were charged was unconstitutional.
Expressing her regret, she stated that acquitting the accused at such a late stage in the defence hearing was unfortunate.
Nevertheless, she cited the authority given to her by the law to acquit individuals when the charges against them are deemed unconstitutional.
"I will therefore proceed to acquit the two accused persons under section 87(b) of the Criminal Procedure Code," ruled Shitubi.
Itumbi's defence lawyer, Adrian Kamotho, expressed gratitude to the judiciary for acquitting their client. T
he decision brings an end to a legal battle that has attracted considerable attention.
It is worth noting that Itumbi's case has been closely watched due to its political ramifications and the involvement of high-ranking officials.
The acquittal raises questions about the credibility of the initial accusations and the prosecution's handling of the case.
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