Anti-corruption court magistrate Douglas Ogoti on Friday, November 27 dismissed an application by former State House digital director Dennis Itumbi to privately prosecute Interior Cabinet Secretary Fred Matiang’i.
In his ruling, Magistrate Ogoti stated that Itumbi failed to explain how he accessed the information or documents that he intends to use in the case.
“His affidavit doesn’t contain information on whether he had permission to use the public documents and when and how he obtained them.”
“By not describing how he obtained it, it cannot be used. He ought to have explained how he obtained the public and private documents,” Ogoti said.
The documents in contention were letters written by the national Treasury, commissioner of Lands and Ministry of Education which the court ruled that he did not have certified copies.
“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.” Ogoti added.
Itumbi however remained adamant stating that he will be seeking a review of Ogoti’s ruling.
The former State House official had made the application to have Mataiangi charged on four counts of abuse of office and corruption over the Ruaraka land scandal involving the controversial Ksh.1.5 billion compensation paid to businessman Francis Mburu.
Itumbi accuses Matiang’i, who was at the time the Education CS, of willful failure to comply with the law on management of public funds during the compulsory acquisition of the Ruaraka land on which two schools sit.
His move came even as the Senate inquiry conducted in November 2018 dismissed a recommendation to prosecute CS Matiang’i, Education PS Belio Kipsang and top National Land Commission (NLC) officials.