Chief Magistrate sitting in Milimani Law Court on Wednesday dismissed an application by the State seeking to hold Dennis Itumbi for nine more days.
Itumbi, who is being investigated in relation to a letter alluding to a plot to assassinate Deputy President William Ruto, was consequently released on a cash bail of KSh100,000.
The court directed him to report once a week to the investigating officer at Muthaiga police station in the next 14 days.
He was required to surrender his passport to the court to guarantee future appearance.
Senior Resident Magistrate Zainabu Abdul also directed the police to return his phone within two weeks.
The matter will be mentioned on 22 July to confirm the progress made in ongoing investigations.
Abdul, said that the investigating team has not shown the court the progress made so far after they were granted five more days to hold Itumbi when they presented him in court on 4 July following his arrest on 3 July.
“The court has not been told how many statements have been recorded from 256 members of Tanga Tanga group who are spread across the Country,” the magistrate noted.
The prosecution had told the court Itumbi belonged to a 256-member WhatsApp group where the letter alluding to an assassination plot was shared, adding that members of the chat room are under investigation.
The court observed that police admitted having taken some documents for digital analysis, which does not require his presence.
The magistrate further disagreed with the prosecutor that Itumbi, if released he will interfere with investigations given his influence and being an officer based at the Office of the President.
The Presiding Magistrate was told this morning, that investigations are not complete.
“A conclusive report is very crucial to the ongoing investigations over alleged assassination of the Deputy President William Ruto,” the court heard.
The Investigating team is yet to record statements from 256 members of the WhatsApp group Itumbi is said to be a member who include Cabinet Secretaries lawmakers and Governors.
The application for extension of Itumbi’s detention was opposed by his lawyers Katwa Kigen and Moses Chelenga on grounds that no statement has been recorded from the witnesses.
“The State has not demonstrated that if he his released he will interfere with investigations,” the lawyers said.
