High court awards Director of Innovation, Digital and Diaspora Communication in the Office of the President Dennis Itumbi 5million shillings for illegal arrest and detention over the alleged hacking of ICC website.
“I award the petitioner the global amount of Kshs. 5,000,000 for the violations to be paid by 1 and 2 respondents for the violation of the petitioner’s constitutional rights” ruled Onguto.
The judge further ruled that the government violated the petitioner’s constitutional rights guaranteed under Article 29,35 and 49 of the constitution when he was denied information sought and also detained beyond the prescribed 24 hours.
Itumbi, in his case against the Attorney General Githu Muigai, Director of Public Prosecution Keriako Tobiko and Inspector General of Police Joseph Boinett sought 50 million shillings as damages for the violation of his constitutional rights.
He also wanted the court to protect him from any further arrest and prosecution in relation to the issues, claiming he is still under close watch by the investigators even after President Kenyatta’s case was terminated.
Itumbi was seeking Sh50 million compensation from the Attorney General will be determined on February 7, 2017.
Itumbi wantes to be compensated for being detained in 2012 over suspected interference with ICC cases. He said his constitutional right to privacy was violated when his home was raided and his computer searched.
In a letter dated December 22, 2014 to AG Githu Muigai, Itumbi said he wanted the office to admit liability.
He noted that in January 2012, ICC chief prosecutor Luis Ocampo reported that he was investigating interference with witnesses in the case against President Uhuru Kenyatta, DP William Ruto and Radio journalist Joshua arap Sang.
He said the court did not issue any arrest warrant but that police raided his residence in Kiambu and confiscated his mobile phone and laptop to access his private information.
Itumbi sued the Attorney General, the Director of Public Prosecutions and Inspector General of Police in June 2015, demanding compensation for unlawful arrest for allegedly hacking into ICC system.
He added that the refusal to close the file was causing him anxiety and uncertainty, given that the ICC pre-trial brief released on January 19, 2015 had not implicated him in any way.
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