A Nairobi court has instructed the Director of Public Prosecutions (DPP) to supply the defense witness with statements of President Uhuru Kenyatta and ODM leader Raila Odinga regarding the events of October 29.
Senior principal magistrate Benard Ochoi of the Milimani Law Courts on Tuesday said the case in which two IT officers were charged with unauthorised interception will be heard on October 29.
Ochoi will also give directions on the CCTV footage presented before court.
“The next mention date I will give directions on the CCTV footage provided. The prosecution to provide statements from Uhuru and Raila, if any, as well as the amended charge sheet, if any,” he said.
The two swavvys, Patrick Rading and Janet Magoma were working for Sarova Stanley hotel but lost their jobs the minute they were arrested.
Saravo did not want to stand or associate themselves with employees charged with taping the president and the opposition leader.
President Uhuru Kenyatta and ODM leader Raila Odinga are the alleged complainants in a case involving the ex-sarova employees who are charged with the offence of unauthorised interception of computer data contrary to Section 17(1) of the Computer Misuse and Cybercrimes Act.
Their lawyer Danstan Omari argued that one of the accused persons, Magoma, was apprehensive and psychologically traumatised and feared for her security.
“We had requested statements from the complainant who is the President of this country and Raila Odinga who were alleged to have been in the entourage but up to date those statements have not come,” Omari argued, adding that they also want to be supplied with the original clip that captured the entourage.
It is alleged that the two
The two are jointly accused of intercepting the CCTV footage capturing Uhuru’s entourage along Kenyatta Avenue on June 2 at around 8.20pm in Nairobi.
The footage captured Uhuru and Raila touring the CBD on the said date and Omari also argued that taking such a footage without authorisation is not a security risk. His clients were “just being too patriot”.
The two were released on on a bail of Sh10,000 or a bond of Sh300,000 each.
The state did not challenge their release on bail but argued that there was no evidence to show that they had lost their jobs at Sarova.
