The Former Mungiki Leader Walked Out A Nakuru Court Free Yesterday After The State Applied To Withdraw Charges Against Him, A Request That The Trial Court Gladly Accepted
By Suleiman Mbatiah and MKT Correspondent
Former Mungiki leader Maina Njenga was yesterday released by a Nakuru court after the termination of criminal charges related to unlawful possession of firearms and conspiracy to commit criminal activities.
Njenga was facing ten counts linked to his alleged association with Mungiki, an organization outlawed under the Kenyan law.
Nakuru based Principal Magistrate Kipkurui Kibellion granted the Director of Public Prosecutions (DPP)’s application to withdraw the charges pursuant to Section 87(a) of the Criminal Procedure Code. In the application, the DPP cited insurmountable challenges in securing witness cooperation as the primary reason for withdrawing the case.
State Counsel Charles Omwenga, representing the DPP, submitted an affidavit detailing the prosecution’s difficulties in procuring witness testimonies.
Omwenga informed the court that key witnesses had refused to testify, citing personal connections with Njenga that made them unwilling to cooperate.
Additionally, the DPP noted some procedural irregularities, as some law enforcement officers failed to properly document the suspects’ arrests, thereby undermining the evidential foundation of the case.
Njenga’s defense lawyers, led by Mr. Ndegwa Njiru and Mr. Steve Biko, moved the court for Njenga’s full acquittal under Sections 204 and 210 of the Criminal Procedure Code, arguing that the DPP’s admission of evidentiary insufficiency warranted an acquittal.
Njiru emphasized that without reliable evidence, the charges were legally unsustainable.
In its ruling, the court recognized the undue hardship endured by Njenga, who had faced charges for over 18 months.
However, the magistrate concluded that a termination under Section 87(a) was appropriate, allowing the case to be dismissed without prejudice.
“Considering the prosecution’s acknowledgment of insufficient evidence, I hereby grant the application to terminate proceedings under Section 87(a) of the Criminal Procedure Code,” ruled Magistrate Kibellion.
The prosecution had intended to call 29 witnesses, though only nine had testified prior to the case’s termination.
Njenga’s arrest in May last year followed a raid on his Wanyororo residence in Bahati constituency, during which eight others, including a security guard, were detained and similarly charged.
Additional arrests occurred in Njoro area, where law enforcement seized various items allegedly linked to the Mungiki group.
After his release, Njenga addressed his supporters, asserting his innocence and alleging that the charges were politically motivated.
While taking a swipe at former Deputy President Rigathi Gachagua, he claimed the prosecution was a tactic by political opponents who now face similar battles in court.
“We were framed by individuals who are themselves now subject to trial,” Njenga declared, calling the court’s decision a “victory for the people and a vindication of my innocence.”
Njenga’s release comes amid shifting political dynamics in the Mt. Kenya region, particularly after the recent ousting of former Deputy President Rigathi Gachagua, a figure perceived as a Mt Kenya political bloc rival.
Some quarters perceive Njenga as the Kikuyu community kingpin due to his influence amongst the young people who dominate the region.
In the past, Njenga has been, alongside industrialist cum politician Dr Thuo Mathenge been involved in bringing men from the most populous community together in a bid to forge a united front, culturally, socially and economically.
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