Milimani Anti Corruption Court onn Friday, November dismissed Dennis Itumbi’s application to privately prosecute Cabinet Secretary Fred Matiang’i.
Magistrate Douglas Ogoti said that the former State House Digital Strategist’s case failed to meet both legal and Constitutional threshold that gives the court authority to grant him the green light to prosecute.
In the case, Itumbi was seeking to be a private prosecutor after claiming that he has sufficient evidence to nail CS Matiang’i down over the Sh1.5 billion Ruaraka land scandal.
Had the court granted him permission, Itumbi was to prosecute Matiang’i over the irregular acquisition of land belonging to Ruaraka Primary School, abuse of office, and corruption-related charges when he was Education CS.
In November 2018, A report that insinuated corruption charges of the then Education CS Matiang’i, Education Principal Secretary Dr. Belio Kipsang, and National Land Commission was shot down by the Senate. It sought to prosecute them over the Ksh.1.5 billion compensation to businessman Francis Mburu.
The report was opposed by four senators; Kipchumba Murkomen, Susan Kihika, Gideon Moi, and Samson Cherargei, some senators absconded the sitting hence the 15 votes cast were not enough to adopt the committee’s findings.
Francis Mburu was found guilty by the senate committee for the compensation of his 13-acre land which the government had acquired through compulsory surrender.
The report had recommended the Ksh 1.5 billion to be given to Francis Mburu by the Ministry of Education through the National Land Commission.