- Milimani senior principal magistrate Benard Ochoi dismissed the application saying he does not see the relevance of the evidence of President Kenyatta and Mr Odinga in the case.
- 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.
Attempts by two security guards to demand statements from President Uhuru Kenyatta and former Prime Minister Raila Odinga over a CCTV footage they are accused of illegally intercepting has been dismissed by a Nairobi court.
Milimani senior principal magistrate Bernard Ochoi dismissed the application saying he does not see the relevance of the evidence of President Kenyatta and Mr Odinga, in the case.
“I find the application baseless and frivolous,” Mr Ochoi said.
Mr Patrick Randing Ambogo and Ms Janet Magoma are accused of intercepting a CCTV footage of the President 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 unauthorised 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 leaders, whose security was allegedly threatened. The prosecution said they had no intention of calling President Kenyatta or Mr Odinga as witnesses.
Through their lawyer Danstan Omari, the two said Mr Kenyatta and Mr 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.
In his ruling, Mr 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 were 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.