A Nairobi court has directed President Uhuru Kenyatta and Raila Odinga to supply statements in a case where two persons were charged for allegedly leaking CCTV footage that captured the President and his entourage in the Nairobi CBD in June this year.
Issuing the orders on Tuesday, Trial Magistrate Bernard Ochoi further directed the case be mentioned on October 29, 2020 for the court to give directions on the CCTV footage provided.
The Court had on July 2, ordered the investigating officer in the case to record statements from the Head of State and the former Prime Minister, who were listed as complainants in the cybercrime case.
The accused; Patrick Rading Ambogo and Magoma Ayonga, were charged with the offence of unauthorized interception of computer data contrary to section 17(1) of the Computer Misuse and Cyber Crime Act.
According to the charges, on June 2, 2020 at around 8pm they intercepted a security CCTV footage capturing the Head of State’s entourage along Kenyatta Avenue.
“On the 2nd day of June 2020, at around 2020 hours at Nairobi County within the Republic of Kenya, the two intentionally and without authorization intercepted a security CCTV footage capturing the head of state’s entourage along Kenyatta avenue,” read part of the charge sheet.
They were arraigned at the Milimani Law Courts on June 17, 2020, and denied the charges before Principal Magistrate Bernard Ochoi and were later released on a bond of Ksh30,000 or an alternative cash bail of Ksh10,000 each.
Through their lawyer Danstan Omari, the two accused persons rubbished the charge levelled against them saying it does not exist in law, and further asked that the President records a statement on the matter
“We want the footage and shall be asking for statements of the Head of State and former Prime Minister Raila Odinga to show that indeed they were captured at that time of the night,” Omari directed at the time.
According to the lawyer, the two accused persons are “mere casuals” at a hotel in the city.
The CCTV video that made rounds on social media showed President Uhuru Kenyatta and Raila Odinga at Kenyatta Avenue at night in what looked like an inspection tour of the road rehabilitation works in the CBD, way past then curfew hours of between 7PM and 5AM.