ICT Chief Administrative Secretary (CAS) Dennis Itumbi who was accused of publishing a fake assassination letter on President William Ruto has been acquitted by the court.
Milimani chief magistrate Susan Shitubi acquitted Itumbi and his co-accused Samwel Gateri of the charges citing that the section under which the two were charged was unconstitutional.
While discharging them, Shitubi noted that it was very unfortunate that he had to acquit them while the case was at the tail end of the defence hearing.
However, she said the law allows her to acquit the accused if it emerges the section under which they were charged was unconstitutional.
"I will therefore proceed to acquit the two accused persons under section 87(b) of the Criminal Procedure Code," Magistrate Shitubi ruled.
His lawyer Adrian Kamotho thanked the judiciary for acquitting their client.
On Wednesday, Itumbi who was ready to defend himself in the case accused the prosecution of delaying his case.
Through lawyer Kamotho, he said that DPP delaying his case on allegations that there was no police file in court, was an infringement of his rights.
He opposed the application to adjourn the case saying having no police file in court is not sufficient enough to warrant an adjournment.
"There is no basis to entertain an adjournment. Let the hearing proceed. The matter should proceed as the accused was not supposed to be put on a defence," Itumbi told the court.
