Itumbi appeared at a Nairobi Court where he filed a petition to have all the three charges against him dropped.
In the submission filed through Lawyer Katwa Kigen, he wants the Milimani Chief Magistrate Martha Mutuku to find that he has no case to answer.
The digital strategist was charged with authoring a fake document, falsifying information and reprogramming a phone to destroy evidence.
Kigen claims that the prosecution has not made out a case in which the court can be interested in his (Itumbi) defense.
“No credible, consistent and viable evidence and exhibits have been availed to assist or make a sufficient case for Itumbi to answer,” he reiterated.
The lawyer argues the charge of making a false document under Section 66 of the Penal Code is unconstitutional following the landmark High Court decision in the case of blogger Cyprian Nyakundi this year.
Itumbi also held that deleting messages does not amount to reprogramming a phone as alleged in court by the state. Therefore, he cannot be charged with violating Section 84 (G) of the Kenya Information and Communication Act.
On the third charge, the blogger told the court that the forensic report which was supposed to prove, demonstrate and establish the three charges did not in any way find that he had committed the alleged crimes.
Kigen submitted that no search warrant and seizure was obtained before phones and documents were obtained from Itumbi, rendering them illegally obtained.
State prosecutor Anderson Gikunda presented eight witnesses before the court to prove the charges against Itumbi and his co-accused blogger, Samuel Gateri.
The prosecution wants both the accused to be put on their defense stating that it had proved the charges against the two beyond a reasonable doubt.
The accused denied any involvement in writing the letter dated May 30, 2018 with an intent to cause anxiety to the general public.
The court will make its ruling on whether the two have a case to answer on September 15, 2021.