Blogger Dennis Itumbi will on Friday November 27, 2020 know whether he will be allowed to privately prosecute Interior Cabinet Secretary Dr Fred Matiang’I over the Sh1.5 Billion Ruaraka land saga.
This is after a Nairobi court set Friday as the date for delivering a ruling on whether the Itumbi’s case meets the required threshold.
Appearing before Magistrate Douglas Ogoti on Tuesday, Itumbi argued that his case meets the threshold needed for instituting private proceedings.
As to whether he has evidence to prosecute the CS, Itumbi noted that: "I will file them once the court orders for the prosecution of Matiang’i… Part of the evidence required is witness statements."
During the Tuesday session, Magistrate Ogoti denied the office of the Director of Public Prosecutions from making its submissions arguing that he’ll first hear Itumbi’s case to determine whether it meets the set standards.
"I need to hear Itumbi first to know if his case has a legal threshold before he is allowed to serve his documents to the CS who he seeks to privately prosecute," he said as quoted by The Star.
Itumbi moved to court last week requesting for an approval to conduct a private criminal prosecution against Dr. Matiangi over the Sh1.5bn Ruaraka land deal.
In his petition, Itumbi argued that the public prosecutor has been unwilling to prosecute CS Matiang’I thus the decision to seek private criminal prosecution.
“Demonstrable grounds exist for believing that a grave social evil is being allowed to flourish unchecked because of the inaction of a pusillanimous Director of Public Prosecution and Office of the Ethics and Anti-Corruption Commission who are guilty of a capricious, corrupt or biased failure to prosecute the 1st Respondent,” his petition read in part.
Itumbi wants CS Matiangi charged for abuse of office, financial misconduct, willful failure to comply with the law on management of public funds, and conspiracy to defraud the government during his tenure as Cabinet Secretary in charge of Education.
According to Itumbi, Nairobi Governor Mike Sonko and Kikuyu MP Kimani Ichungwah have agreed to testify for the petitioner.