BY SAM ALFAN.
President Uhuru Kenyatta and opposition leader Raila Odinga will not testify in a case which two city hotel security guard are charged with illegally intercepting CCTV footage.
This emerged after Milimani senior principal magistrate Bernard Ochoi dismissed the application by the two pushing to be supplied with President Kenyatta and former premier statements.
He dismissed the application saying he does not see the relevance of the evidence of President Kenyatta and Odinga, in the case.
The Magistrate said the accused in their application the defence have failed to show the relevance of the evidence by the said witnesses considering that they were not the ones manning the CCTV cameras or in charge of their own security.
“I find the application to be baseless and frivolous I dismiss the application and direct that the parties do take a date for hearing of the matter”, ruled Magistrate.
Patrick Randing Ambogo and Janet Magoma are accused of intercepting a CCTV footage of President Kenyatta and Mr Odinga, while inspecting footpaths and walkways on Kenyatta Avenue on June 2. The footage was shared on social media as the President inspected the works at around 8.20pm.
The security guards were attached to Sarova Stanley hotel and have been charged with unauthorized interception of computer data contrary to section 1791) of the Computer misuse and Cybercrime Act.
And after they were charged, they demanded statements from both President Kenyatta and Odinga, whose security was allegedly threatened. The prosecution said they had no intention of calling President Kenyatta or Odinga as witnesses.
Through their lawyer Danstan Omari, the two said President Kenyatta and Raila must record statements and thereafter appear in court and be cross-examined.
They also applied to be supplied the CCTV footage and statements from other witnesses, which has already been supplied to them.
In his ruling, Magistrate Ochoi said the prosecution reserves the right to decide who to call as a witness.
He said the two failed to show the relevance of the evidence of the said witnesses considering that they are not the ones manning the CCTV cameras or in charge of their own security.
The guards were released on cash bail of Sh10,000 each.
The two were arrested and charged before court after the head of presidential security unit reported the matter to the Directorate of Criminal Investigations.
The two leaders were captured on a CCTV arriving at the Central Business District (CBD) to inspect ongoing work by the new created Nairobi Metropolitan Services headed by military general.
