Itumbi, who is accused by the NCIC of “engaging in acts that amounts to hate speech” in the form of “posting threatening messaging on Facebook with the intention of causing ethnic hatred”, now wants the commission to provide evidence to back the allegations.
Through his lawyers Itumbi has challenged the commission to provide:
a) Itemized verbatim Facebook posts subject of the complaint and your investigation;
b) The nature of threats in such posts;
c) The alleged communities, class or group of persons in Kenya which said posts
intended to cause hatred and violence among;
d) The identity of the complainant;
e) Any further particulars that would enable our client to comprehend the nature and
extent or the allegations against him.
The article as appearing on Ghafla alleges the blogger will further be filing an application “to strike out the complaint for being frivolous, vexatious and lacking in substance”.
The threat by the blogger comes days after securing a win at the Supreme Court where he had filed a petition asking the court to declare the inclusion of rejected votes to the total tally when calculating the final percentages as incorrect.
In the said accusations by the cohesion commission the blogger was accused alongside another controversial blogger Robert Alai, who was charged in court last week.
The two cases were seen by many as important in forming precedent with many legal pundits of the view the local law was inadequate to deal with social media-related crimes.