Statements by President Uhuru Kenyatta and his counterpart Raila Odinga may be absent from from the case in which two Sarova Stanley Hotel guards are charged with unauthorized interception of data.
This is after the accused Patrick Randing Ambogo and Janet Magoma who were accused of releasing a footage on social media showing Uhuru and Raila inspecting footpaths and walkways on Kenyatta Avenue in June 2020 requested the court to order that they be given the statements.
However, Senior Principal Magistrate Bernard Ochoi dismissed the application saying he did not see the relevance of the evidence of President Kenyatta and his counterpart in the case.
In his ruling, the magistrate said the prosecution reserves the right to decide who to call as a witness. He said the two failed to show the relevance of the evidence of the said witnesses considering that they are not the ones manning the CCTV cameras or in charge of their own security.
The security guards are charged with unauthorized interception of computer data contrary to the Computer misuse and Cybercrime Act.
The prosecution said they had no intention of calling Kenyatta or Odinga, whose security was allegedly threatened, as witnesses.
Through lawyer Danstan Omari, the two said President Kenyatta and Raila must record statements and thereafter appear in court and be cross-examined.
They also applied to be supplied the CCTV footage and statements from other witnesses, which has already been supplied to them.
The guards are out on a cash bail of Sh 10,000 each.
