The State has withdrawn charges against ICT Chief Administrative Secretary Dennis Itumbi in a case where he had been accused of forging a letter alleging a plot to assassinate then Deputy President William Ruto.
Dr Ruro was elected president in August last year.
Chief Magistrate Susan Shitubi, on Friday, June 9, ruled that the case was unconstitutional and lacked enough evidence.
It emerged that the Office of the Director of Public Prosecutions did not produce the file of the case, resulting in the withdrawal of the case.
Itumbi was accused of producing the fake assassination letter to back his claims that some senior government officials in the former Jubilee administration had met and plotted to commit the crime.
On Thursday, a Nairobi court granted the prosecution a request to adjourn the hearing of the case.
The defence objected to the application questioning why the prosecution team appeared in court without a file in a case that has been in court for years.
“Your honour, the prosecution is only delaying this case an act that will infringe on the rights of the accused," said one the defence lawyers.
The lawyer opposed the application to adjourn the case stating that having no police file in court is not sufficient enough to warrant an adjournment.
The prosecution side insisted they were not ready, prompting Milimani chief magistrate Susan Shitubi to adjourn the case until July 28, 2023.
Itumbi was placed on his defence early last year after the prosecution closed its case. The court after analysing the evidence presented, found the prosecution had a case.