THE case against a man who allegedly sent abusive text messages to Deputy President William Ruto has been withdrawn.
Director of Public Prosecution Keriako Tobiko yesterday told the court he did not want to pursue the case against Dedan Marenya – for the time being.
He said some crucial evidence is missing.
Through state lawyer Dancun Ondimu, Tobiko told chief magistrate Hanna Ndungu: “There is a document missing without which it would be futile to proceed with the prosecution of the accused at this stage.”
Ondimu said until prosecution obtains the document, they are not ready to proceed.
Marenya, 23, has been in custody since December 18 when he was arrested.
He was charged on December 23 with alleged improper use of a licensed telecommunication system. The prosecution says he sent unprintable text messages to Ruto on December 15, using his Safaricom line.
Marenya allegedly sent the offensive messages after his calls to the Deputy President went unanswered.
Ondimu said the prosecution had received a report from the company confirming that the messages were sent by Marenya.
The lawyer had told court the prosecution was likely to amend the charge sheet and prefer more charges.
He said the police were waiting for a report from Safaricom to prove Marenya had sent 30 messages.
However, yesterday, the magistrate withdrew the case following the DPP’s application.
She warned the accused he might be arrested and charged afresh with similar offences if the prosecution so wishes.
The prosecution had listed Ruto as the first witness in the case.
Others who were expected to testify against Marenya were police officers Edward Sitiena, Samuel Kariuki and Domine Maranga.