The Directorate of Public Prosecutions (DPP) has withdrawn an alleged fake assassination letter case against ICT CAS Dennis Itumbi.
Milimani chief magistrate Susan Shitubi on Friday allowed the application by the DPP to withdraw the case.
“It is very unfortunate that l am acquitting the accused persons at the tail end of the hearing of the case. However, the law allows me to acquit the accused if it emerges the section under which they were charged was unconstitutional. I will therefore proceed to acquit the two accused persons under section 87(b) of the Criminal Procedure Code,” Magistrate Shitubi ruled.
The prosecution cited a lack of evidence.
On Wednesday, the CAS accused the prosecution of delaying the case. He told chief magistrate Shitubi that the delay tactics infringed on his rights.
Itumbi opposed the application to adjourn the case saying having no police file in court is not sufficient enough to warrant an adjournment.
The magistrate gave the office of the prosecution 14 days to appeal.