Magistrate Douglas Ogoti has dismissed Dennis Itumbi's application in which he sought to be allowed to prosecute Interior Cabinet Secretary Dr Fred Matiang'i.
On Tuesday the anti-corruption had stated that the ruling on whether the Digital strategist will be allowed to prosecute the Interior CS over the Ruaraka land scandal would be delivered on Friday, November 27 2020.
Itumbi filed the case as a private prosecution and made an application on a certificate of urgency on the 18th of this month.
He is listed as the applicant against the Interior CS, the Office of the Director of Public Prosecution and the Ethics and Anti-Corruption Commission.
He sought to prosecute CS Matiang’i over the irregular acquisition of what came to be known as the Ruaraka Primary School land when he was Education CS.
Itumbi said he decided to move to court due to the laxity by EACC and DPP to charge the CS, despite a High Court decision that confirmed the land was public and was illegally acquired.
The Digital strategist wanted CS Matiang'i charged with four corruption counts relating to the scandal.
The charges include abuse of office, willfully failure to comply with the law relating to the management of public funds, committing an offence of financial misconduct and conspiracy to defraud.