An Anti-Corruption Court will on Friday deliver a ruling on whether former State House digital strategist Dennis Itumbi will privately prosecute Interior CS Fred Matiang’i.
Appearing before Magistrate Douglas Ogoti on Tuesday, Itumbi said he had sufficient evidence to move forwards with the case that involves Sh1.5 billion Ruaraka Land.
“I will file them once the court orders for the prosecution of Matiang’i..part of the evidence required is witness statements,” Itumbi said.
Ogoti also declined to hear submissions by the office of the DPP noting that the case was filed ex-parte.
He also mentioned that the court will hear from Itumbi first before he is allowed to serve the CS.
“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,” he said.
Itumbi has also accused Ethics and Anti-Corruption Commission and the Office of the Director of Public Prosecution of failing in their duties to investigate and prosecute the matter.
Should the case go through, CS Matiang’i will face charges of abuse of office, willfully failure to comply with the law relating to the management of public funds, committing an offence of financial misconduct and conspiracy to defraud.
In June 2019 a High Court ruled that Matiang’i was not supposed to offer compensation to the two firms as the land belonged to the public.