Communication and Digital Strategist Dennis Itumbi has a case to answer for spreading information alleging a plot to assassinate Deputy President William Ruto, a Nairobi court has ruled.
Milimani chief magistrate Martha Mutuku made the ruling on Wednesday after going through all the evidence provided by the prosecution.
“Having analyzed the evidence before court I find that the prosecution has proved the case beyond reasonable doubt to warrant the accused to be placed on their defence,” the Magistrate ruled.
Consequently, the judge put Itumbi and his co-accused Samuel Gateri on defence.
The matter will be mentioned on Thursday to fix the date for the defence hearing.
Itumbi and blogger Gateri were charged afresh over the alleged fake assassination letter in October 2019.
According to the charge sheet, the two, on or before June 20, 2019, published a letter dated May 30, 2019, with intent to cause anxiety to the general public.
Itumbi faced a second charge of reprogramming his mobile phone.
Appearing before Mutuku, the accused persons entered a not guilty plea.
In August Itumbi, through lawyer Katwa Kigen, asked the court to dismiss the case saying the prosecution had no evidence against him.
“That the prosecution has not made out a case which the court can be interested in his defence,” lawyer Kigen says.
Itumbi said that deletion of messages does not amount to reprogramming a phone as alleged in court by the state.
“No credible, consistent and viable evidence and exhibits have been presented to assist, make a sufficient case for Itumbi to answer,” Kigen told the court.
The prosecution called eight witnesses to prove the charges against the two suspects.