A Nairobi court has reluctantly granted prosecution a last adjournment in Dennis Itumbi’s fake Ruto assassination letter case.
When the matter came before magistrate Susan Shitubi today, the court was informed that the prosecution did not have the file with them.
The defense questioned them how can they appear in court without a file in case that has been in court for years.
“Your honour, the prosecution is only delaying this case an act that will infringe on the rights of the accused, ” said Itumbi through his lawyer.
Itumbi opposed the application to adjourn the case saying having no police file in court is not sufficient enough to warrant an adjournment.
He wanted the court to order that the matter proceed as scheduled.
The state officer said that his defense is simple and it is not something that will give prosecution hard work and adjournment will cause delay.
The prosecution on the other hand said that they were not ready and that they needed time to have proper instructions to move forward and also ensure the record is availed.
The defense being aggrieved questioned why the prosecution can ask for an adjournment on the date of the hearing.
The defense expressed concern that the issue of file may even be dragged for a year.
The prosecution had asked the court for more time since the investigating officer was away as he had taken leave after some period of training.
In the case Several CS’s and MPs are expected to testify in his defense. Itumbi was placed on his defense early last year after the prosecution closed its case.
The trial court after analyzing the evidence before the court found that the prosecution had proved the case.
But the state through Anderson Gikunda, called eight witnesses to prove the charges against Itumbi and his co-accused blogger Gateri.
According to the charge sheet, on or before June 20, 2019, the two published a letter dated May 30, 2019, intending to cause anxiety to the general public.
The matter will proceed on July 28, 2023.