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Dennis Itumbi when he addressed a press conference at a Nairobi hotel on November 22, 2020 on his plan to sue Interior CS Fred Matiangi. His case was dismissed.

Kenya

Court dismisses Itumbi’s attempt to prosecute Matiangi

NAIROBI, Kenya Nov 27 – The court has dismissed Dennis Itumbi’s application in which he sought to institute private prosecution against Interior Cabinet Secretary Fred Matiangi over the sale of Ruaraka land.

Anti-Corruption Magistrate Douglas Ogoti ruled that Itumbi had not demonstrated to the court how he obtained official government documents he intended to rely on in the case.

“The documents to be relied on in a criminal case must show how they were obtained and be certified,” the magistrate ruled Friday.

He said Itumbi ought to have applied to obtain the documents legally, and have them certified.

Itumbi has indicated that he will appeal the court decision.

In his application, Itumbi had sought leave to prosecute Matiangi over allegations of the compulsory acquisition of the land which he said belongs to the government.

He alleges that the government lost Sh1.5 billion.

He argued that state agencies had declined to prosecute the CS despite several demands in what he attributed to his position in government.

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