Court throws out Itumbi's petition to privately prosecute Matiang'i

A bid by Digital strategist Dennis Itumbi to file a private prosecution case against Interior CS Fred Matiang'i hit a dead end on Friday.

Chief Magistrate Douglas Ogoti ruled that the plea did not meet the required legal threshold for starting a private case against the CS.

Mr Itumbi has alleged corruption in the acquisition of a Sh1.5 billion piece of land in Ruaraka, Nairobi County.

Mr Ogoti said he did not obtain evidence from witnesses in the manner required under the law.

He further said the Director of Public Prosecutions (DPP) did not refuse to prosecute Dr Matiang'i but returned the file "for police to do a further probe''.

Mr Ogoti went on to say that "returning the file to carry out further investigations does not amount to refusing to prosecute''.

The magistrate also said Mr Itumbi did not attach receipts for payments made in his search for evidence from government ministries and departments.

Mr Ogoti noted that it is a legal requirement for an applicant to file sealed evidence from intended witnesses for the court to peruse.

"Upon reading the evidence attached by the applicant, I find that he has not met the legal threshold required," he ruled, adding it was inadmissible.

Soon after the ruling, Mr Itumbi vowed to appeal against the subordinate courts’ decision “to close the justice door”.

The magistrate earlier rejected Mr ltumbi's bid to prevent him from delivering the ruling on the basis of bias.

“I filed an application on Thursday for your recusal in this matter,” Mr Itumbi stated, but the magistrate overruled him.

“The law is clear; first things come first. I will deliver my ruling on your application for leave to commence the private prosecution and thereafter you may say what you want to state,” he said.

An adamant Mr Itumbi noted that a final ruling would prevent the reopening of the matter before the court.