Lawyer Ndegwa Njiru: State using courts to settle scores with MP Mukunji

Lawyer Ndegwa Njiru [Wilberforce Okwiri,Standard]

A lawyer has accused the State of abusing the judicial process and using the courts to settle political scores in a probe against Manyatta Member of Parliament Gitonga Mukunji.

Lawyer Ndegwa Njiru told the Kahawa Court that the State was investigating Mukunji without clear charges, questioning why the case was brought before the Anti-Terrorism Court.

The Directorate of Criminal Investigations (DCI) has applied to continue holding Mukunji, Inooro Radio journalist James Mbochi and boda boda rider Stanley Mbuthi for an additional 14 days to complete investigations.

The trio is under probe for alleged terrorism-related activities, including suspected recruitment of goons and financing of violent groups during the July 7 Saba Saba protests.

"This case clearly indicates that they are yet to form an opinion as to the charges they were to prefer," said Njiru.

He noted that the investigating officer failed to explain under cross-examination what informed the decision to bring the suspects to court, adding that the move amounted to intimidation.

"If they have not yet formed the opinion of the specific offences to answer, why are we before you? Why are we before the Anti-Terror Court? If this does not amount to weaponization, intimidation and harassment, then what is it," asked Njiru.

The lawyer explained that the case fell short of the Office of the Director of Public Prosecutions (ODPP) constitutional mandate to prosecute in the public interest.

"Are these some of the cases that can be said to pursue the public interest. If the ODPP is coming before you with no solid affidavit or evidence, then we must ask ourselves what purpose this serves?" said Njiru.

He questioned why the suspects were not taken to Milimani, Kiambu or Ruiru law courts, suggesting that the State was using the specialised Anti-Terrorism Police Unit (ATPU) division to silence citizens.

"Why were they not taken to Kiambu or Ruiru law courts. Simply because this court is being invited into uncharted waters of political weaponization?" asked Njiru.

The lawyer observed that the alleged offences stemmed from protests held on Monday, June 25 and Monday, July 7 when citizens were exercising their constitutional rights under Article 37.

"Political weaponization is happening when people are pursuing their rights under Article 37. The circumstances arose when the people were exercising their sovereignty," said Njiru.