Two IT officers sought to be allowed to use statements by President Uhuru Kenyatta and ODM leader Rail Odinga in their trial defence for intercepting and posting CCTV footage.
The two leaders were inspecting construction in the CBD on June 2 at about 8.20 pm.
Milimani senior principal magistrate Bernard Ochoi dismissed an application by the accused, Patrick Ambogo and Janet Magoma, seeking to be supplied with Uhuru and Raila’s statements.
Ochoi dismissed the application, saying the statements are not relevant.
The magistrate said the accused failed to show the relevance of the evidence to their defence as they were not the ones manning the CCTV cameras or in charge of their own security.
“I find the application to be baseless and frivolous. I dismiss the application and direct that the parties do take a date for hearing of the matter,” he ruled.
Ambogo and Magoma are accused of intercepting CCTV footage of President Kenyatta and Raila inspecting footpaths and walkways on Kenyatta Avenue on June 2.
The footage was shared on social media as the two men inspected the works at around 8.20pm.
The accused were IT officers working for Sarova Stanley Hotel.
They reportedly lost their jobs after they were charged.
Uhuru and Raila are alleged to be complainants in a case. The two are charged with unauthorised interception of computer data contrary to Section 17(1) of the Computer Misuse and Cybercrimes Act.
After being charged, they demanded statements from both President Kenyatta and Odinga, whose security was allegedly threatened by their act.
The prosecution said they had no intention of calling President Kenyatta or Odinga as witnesses.
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Lawyer Danstan Omari said the President and Raila must recrod statements, appear in court and be cross-examined.
The two also sought to be supplied with CCTV footage and statements from other witnesses. These materials already have been supplied to them.
Magistrate Ochoi ruled the prosecution reserves the right to decide whom to call as a witness.
The two were released on cash bail of Sh10,000 each.
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