An Anti-Corruption Court on Friday dismissed an application in which former State House digital strategist Dennis Itumbi sought to privately try Interior CS Fred Matiang’i.
On Friday, chief magistrate Douglas Ogoti threw out the application.
He noted that the former State House operative did not explain how he accessed information he intended to use against the minister.
“His affidavit doesn’t contain information on whether he had permission to use the public documents and when and how he obtained them,” Ogooti 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 before court were from the national Treasury, commissioner of Lands and Ministry of Education, all of which were not certified.
Copies of the documents were not signed, Ogoti said.
“The said documents as they are do not meet the legal threshold and cannot be produced and used in court.”
“They (exhibits) do not meet the admissibility test as prescribed in the Evidence Act.”
As a result, Itumbi has vowed to seek a review of Ogoti’s ruling.
Itumbi filed a 193-page application on November 18 seeking to prosecute the CS over a Sh1.5 billion payment for Ruaraka Land.
The land, paid for during the Matiang’i’s tenure at the Ministry of Education, was later found to be public land.
“Demonstrable grounds exist for believing that a grave social evil is being allowed to flourish unchecked because of the inaction of a pusillanimous Director of Public Prosecution and Office of the Ethics and Anti-Corruption Commission who are guilty of a capricious, corrupt or biased failure to prosecute the 1st Respondent,” Itumbi told the court on Tuesday.
Itumbi was seeking to prosecute the bullish CS for abuse of office, wilful failure to comply with the law on management of public funds, financial misconduct and conspiracy to defraud.
In 2019, a three judge bench comprising of; justices Bernard Eboso, Elijah Obaga and Kossy Bo faulted the National Land Commission (NLC) for advising the education ministry to proceed with the acquisition the land.
“We find that the compulsory land acquisition should not have happened in the first place. One cannot compulsory acquire what is an already public land,” ruled Justice Obaga.