NAKURU, Kenya, Nov 12 – Supporters of former Mungiki leader Maina Njenga burst into song at the Nakuru Law Courts after he was acquitted of criminal charges against him.
This is after the prosecution dropped the criminal case against him and eleven others for lack of evidence.
The prosecution led by State Counsel, Wycliffe Omwenga asked the court to dismiss the case under section 87 of the Criminal Procedure Code (CPC).
It allows the public prosecutor to withdraw charges against a person at any time before the judgment is delivered with a consent from the court.
Maina is charged individually and jointly with seven offences including being in illegal possession of a firearm, hosting an illegal meeting and being a member of a banned sect among others.
The alleged offences were committed at his Githioro area of Wanyororo in Bahati Sub-County on May 12.
Today, the defense came armed to proceed with the high profile case for three consecutive days running to November 13, but the State said most of the witnesses were unwilling to testify.
So far, nine witnesses had testified before Chief Magistrate, Kipkurui Kibelion in the matter that has been ongoing for 18 months since May 2023 when the 12 suspects were arrested.
The prosecution was yet to call 20 more witnesses among them Njenga’s mother-in-law, Hannah Njoki who fainted in court when she attempted to testify.
Delivering his ruling in the matter, Chief Magistrate Kibelion observed Njoki was a key witness in the matter yet she had expressed her unwillingness to testify due to her relation with Njenga.
“Four counts out of the more than ten offences that the suspects were charged depend on the Njoki’s testimony because they touch on the property on which the crimes were allegedly committed,” he said.
Kibelion added that most of the witnesses were police officers who were also not willing to testify due to the manner in which they were deployed to the operation.
Defense lawyers who included Steve Biko, Orlaly Cheche, John Main and Ndegwa Njiru asked the court to order the immediate release of all the exhibits that were collected from their clients.
“If possible we would like the exhibits, especially the phones released to our clients before close of business today,” said Biko.
The defense lawyers wanted their clients released under sections 201 and 204 of the CPC fearing that their clients might be rearrested or intimidated after the discharge.
However, the State through Prosecutor Omwenga assured that there was not ulterior motive on their side.
