Anti-Corruption Court Magistrate Douglas Ogoti has dismissed blogger Dennis Itumbi’s application in which he had sought to be allowed to prosecute CS Interior Dr. Fred Matiang’i over the controversial Ruaraka land case. Magistrate Ogoti also threw out the claimed pages of evidence the blogger termed as ‘facts’ of the case, saying Itumbi could not explain how he accessed the documents he was presenting before the court.
“His affidavit doesn’t contain information on whether he had permission to use the public documents and when and how he obtained them.
Documents presented by Itumbi included a letter from the Ministry of Lands, which the magistrate also said did not meet the legal threshold and therefore could not be used in his court.
“The said documents as they are do not meet the legal threshold and cannot be produced and used in court. They do not meet the admissibility test as prescribed in the Evidence Act.”