By: Isaac Mwaura @MountKenyaTimes
Milimani Principal Magistrate Zainab Abdul has given the prosecution one week to supply President Uhuru Kenyatta’s and ODM leader Raila Odinga’s statements in a case in which two IT officers were charged with circulating CCTV footage showing the two inspecting projects in the CBD at night.
A video showing the two leaders touring Nairobi CBD at night surfaced online last month, which was allegedly shared by the accused “in contravention of the Cyber Crimes law”.
The footage was obtained from June 2, 2020, CCTV recordings captured by Sarova Stanley surveillance cameras, which showed President Kenyatta and Mr Odinga inspecting a deserted Kenyatta Avenue at 8:20 pm.
The case came up for a mention on Thursday for purposes of confirming whether the statements had been recorded.
Patrick Rading Ambogo, a security supervisor, and Janet Magoma Ayonga, a CCTV controller contracted by Sarova Stanley, were on June 17 charged with unauthorised interception of computer data under Section 17 (1) of the Computer Misuse and Cyber Crimes Act.
The two accused IT experts, who are currently out on Ksh10, 000 bail each, are being represented by lawyers Danstan Omari and Apollo Moboya, who requested the court to order the investigating officer, David Tenei, to record statements from President Kenyatta and Mr Odinga as their statements would be crucial to the case.
The Principal Magistrate allowed Omari’s request and directed Chief Inspector Tenei to obtain statements from President Kenyatta and Mr Odinga, and submit to the courts in one week’s time the pair’s recorded account of events.
“We had requested the prosecution to furnish us with statements filed by President Kenyatta and Mr Odinga, who are alleged to have been caught on tape touring the CBD at night, but the prosecution is yet to heed our request,” said Omari, who also asked the prosecution to supply the defense with an original footage of June 2, 2020, CCTV recording.
The two were accused of “jointly intentionally and without authorisation intercepted a security CCTV footage capturing the Head of State’s entourage along Kenyatta Avenue.”
On conviction, the charge carries a fine of Ksh 10 million or a jail term of not more than five years or both.