Court Dismisses Itumbi’s Graft Case Against Matiang’i

Court Dismisses Itumbi’s Graft Case Against Matiang’i

Anti-Corruption Chief magistrate Douglas Ogoti has dismissed the application to institute private prosecution against Matiang’i saying it lacks constitutional and statutory threshold. According to Ogoti, exhibits presented in the application did not meet the admissibility test as prescribed in the Evidence Act.

“Itumbi application failed to meet the legal threshold that would give this court necessary authority to grant him permission in order to initiate private proceedings against the CS. He did not explain how he accessed the info or documents in his affidavit” ruled Ogoti.

Itumbi has indicated that he will appeal the court decision.

Dennis Itumbi. Photo Courtesy

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.

In 2018, businessman Francis Mburu, was paid Ksh.1.5 billion by the Ministry of Education, through the National Land Commission, as compensation for the 13.5 acres parcel of land, on which the two schools are built. The controversial pay-out was flagged by then Auditor General Edward Ouko whereas the high court last year ruled that the property was public land.