Statehouse Director of Digital and new media Denis Itumbi has been charged with faking the letter of assassination of the Deputy President.
Itumbi was charged that on 20th June this year at an unknown place within Kenya made a document to wit a letter dated 30th May 2019 purporting it to be a genuine document made by a cabinet secretary.
The accused is also charged with making a false statement to wit the said assassination letter with intent to cause anxiety to the general public.
In the last count, Itumbi is accused of re-programming a mobile phone. The heard that on 30th June 2019, the accused person not being a manufacture of a mobile phone, intentionally interfered with the operation of Sumsang note 9.
He denied the charges before Senior Principal Magistrate Kenneth Cheruiyot.
The prosecution submitted that the matter is of great public interest and requested that court to issue stringent bond terms.
The state also applied that Itumbi deposits his passport and be order not to discuss this case on social media or elsewhere.
His lawyer Katwa Kigen responded that his client was detained for five days under a miscellaneous application to allow police to complete investigations after which he was granted a bail of Sh 100,000 and ordered to deposit his passport.
The court heard that the bail given in the miscellaneous is enough to ensure his attendance in court.
Katwa further submitted that everybody is talking about the matter on social and would be unfair to say that only the accused person should not comment about it.
Lastly he requested to be given the phone to see how it was interfered with.
The prosecution said that if Itumbi is allowed to comment the about the issue on twitter, it’s likely to affect the case in the manner in which the witnesses will represent themselves in court resulting in subjudice.
On the issue of the phone, the prosecution stated that it an exhibit that they intend to use and therefore can not be given to the accused or his representatives.
The magistrate however ruled that the rule of subjudice applies to everyone and not necessarily the accused persons therefore restraining the accused persons only at this point would not be fair.
He directed the accused person to be released on the terms of the miscellaneous application which was a cash bail of Sh 100,000 and deposit his passport in court.
The case will be mentioned on 5th August and will be heard on 2nd and 3rd September 2019.
