The prosecution team in the case against two Sarova Stanley contractors charged with leaking a CCTV footage of President Uhuru Kenyatta and ODM leader Raila Odinga touring the Nairobi Central Business District (CBD) has been directed to supply the defense with statements of the two leaders if any.
The order was issued on Tuesday by Trial Magistrate Bernard Ochoi.
The case will be mentioned on October 29, 2020, for the court to give directions on the CCTV footage provided.
The Court had on July 2, ordered the investigating officer in the case to record statements from the Head of State and the former Prime Minister, who were listed as complainants in the cybercrime case.
In the case, Patrick Rading Ambogo and Magoma Ayonga are accused of unauthorized interception of computer data contrary to section 17 (1) of the Computer Misuse and Cyber Crime Act after a video capturing the two leaders surfaced online.
The footage that went viral on social media captured the President and his handshake partner inspecting ongoing road projects in the city.
They were arraigned at the Milimani Law Courts on June 17, 2020, and denied the charges before Principal Magistrate Bernard Ochoi and were later released on a bond of Sh30,000 or an alternative cash bail of Sh10,000 each.
“On 2nd day of June 2020, at around 2020 hours at Nairobi County within the Republic of Kenya, the two intentionally and without authorization intercepted a security CCTV footage capturing the head of state’s entourage along Kenyatta avenue,” read part of the charge sheet.
In their defence through their lawyer Danstan Omari, the claims were rubbished on the grounds that the charges did not exist in law and ideally added that the suspects were mere casuals at a city hotel.
“This alleged offence of intercepting a security CCTV does not exist in law. Our clients were never in State House and have never gone to any government installation to capture CCTV footage of government,” said Omari.