An Anti-Corruption Court on Friday dismissed an application in which former State House digital strategist Dennis Itumbi sought to privately prosecute Interior CS Fred Matiang’i.
While delivering the ruling Anti-Corruption Çourt Magistrate Douglas Ogoti 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.
“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.
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