, NAIROBI, Kenya, Nov 3- The Office of the Director of Public Prosecutions (ODPP) and detectives investigating Dennis Itumbi, a director in the Office of the President, say he wants to avoid the criminal justice system by protesting against a probe over the alleged hacking of ICC website and emails.
The Director of Public Prosecutions Keriako Tobiko says his office and that of the CID acted as per the law after the ICC sought help in tracking down individuals who were believed to be within the country for hacking their website and emails of the witnesses.
“It is therefore speculative, presumptuous and premature for the petitioner to, at this juncture to allege that the respondents are investigating without complaint from ICC,” reads an affidavit presented to the court by the head of the investigation team, John Kariuki.
Even though Itumbi – the Senior Director Digital, Innovations and Diaspora Communications – has protested against the investigation arguing that police acted out of their jurisdiction, detectives say they had a warrant of arrest and even informed him of the reasons.
“That the DPP independently reviewed and analysed the evidence contained into the complaint lodged with the National Police Service and in making the decision requesting for further investigations, either the Director of Public Prosecutions or the National Police Service acted without or in excess of powers,” the head of the investigation team argued.
Police later confiscated his mobile phone and a laptop in a bid to carry out a forensic examination, where nothing incriminating as per the ICC allegations was found.
Itumbi had argued that his rights and freedoms were contravened during the arrest and confiscation of the two electronic gadgets.
The police argue that Itumbi, as the petitioner has failed to show enough reasons why he should not be investigated while insisting it is in the public interest for a thorough probe to be carried out in the matter, for the truth to be established.
Kariuki also told the court that Itumbi had failed to show that the Director of Public Prosecutions acted out of his jurisdiction.
“The petitioner herein has not met the threshold by showing that there is a prima facie case as to why he should not be investigated and that he is bound to suffer irreparable loss by being investigated and upon reasonable grounds be prosecuted hence he is not eligible for orders sought,” the court heard.
He has seven days to respond to the matter, according to his lawyer Moses Chelanga.