How Maina Njenga's firearms, drugs case collapsed

Former Mungiki leader Maina Njenga in Nakuru Law Courts on May 20, 2024. [File, Standard] 

A Nakuru court has allowed the Director of Public Prosecutions (DPP) to withdraw charges against former Mungiki leader Maina Njenga and 11 co-accused.

Njenga had faced accusations of leading the outlawed Mungiki gang, plotting criminal activities on 11 May 2023, and possessing firearms, ammunition, and cannabis.

Principal Magistrate Kipkurui Kibelion discharged Njenga and the co-accused, ordering the refund of their cash bail of Sh50,000 each.

Kibelion noted that the prosecution had voluntarily acknowledged it lacked sufficient evidence to proceed.

The magistrate observed that testimony from nine witnesses failed to support any of the 12 charges against the accused.

“The prosecution deemed it necessary to discontinue the case. It would be an abuse of court to proceed without evidence,” Kibelion ruled.

The case was withdrawn under Section 87A, which allows the possibility of reopening the case if new evidence arises.

The court also ordered the return of mobile phones and other items seized from the accused.

Njenga’s trial was marked by drama, with a screen mounted outside the courthouse for supporters to follow proceedings and restrictions on police barriers managing the crowd.

The prosecution’s case began to unravel when Njenga’s mother-in-law, Hannah Njoki, collapsed in court on 20 November 2023 before testifying.

She was expected to confirm that the Wanyororo house in Nakuru, raided by police on 12 May, belonged to Njenga. Njenga, represented by lawyers Evans Ondieki, Ndegwa Njiru, and Steve Biko, denied owning the house.

During the raid, police seized a pistol, a toy gun, a magazine with three nine-millimetre bullets, 96 rolls of suspected cannabis, and 1kg of tobacco.

However, Prosecutor Wycliff Omwenga stated that with Njoki unwilling to testify, the possession charges could not be substantiated.

Omwenga also informed the court that the remaining 20 witnesses were unwilling to testify, preventing the prosecution from establishing its case beyond reasonable doubt.

Politically motivated

Additionally, he noted that the police raid was never recorded in the Occurrence Book (OB), raising questions about its legality. Defence lawyer Ndegwa Njiru argued that this omission made the raid illegal.

Omwenga confirmed the raid was unrecorded, acknowledging that this oversight compromised the case.

In response, Njiru urged the court to dismiss the case under Section 210, which would prevent future prosecution on the same charges. He argued the case was politically motivated and lacked factual basis.

Njenga, who denied all charges, had been accused of multiple counts, including gang leadership, plotting criminal activities, and illegal possession of firearms and drugs.

The charge sheet indicated that he and 11 co-accused were identified as gang members between 12 and 18 May 2023.

It also alleged that Njenga possessed materials associated with planning serious crime related to the Mungiki gang.

Although nine witnesses, including the officers involved in the raid, testified, none could link Njenga to the alleged crimes, as he was not present at the property.

The court recorded that no individuals were found committing any offence during the raid, contradicting key charges.