Court dismisses Maina Njenga's application to have charges against him dropped
Rift Valley
By
Daniel Chege
| Nov 20, 2023
A Nakuru Court has dismissed former Mungiki leader Maina Njenga's application to have charges against him and 11 others dropped.
Principal Magistrate Kipkurui Kibelion ruled that Njenga's application was not supported by any evidence.
He directed the hearing slated for Monday, Tuesday and Wednesday this week to proceed as planned.
Njenga is charged with seven counts of being a member and a leader of the outlawed Mungiki gang.
Together with the co-accused persons, Maina is charged with engaging in organized crimes and planning criminal activities at his house in Wanyororo, Nakuru County, on May 12, 2023.
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They have denied the charges and the court will hear two witnesses today.
Njenga was seeking to have charges against him dropped, challenging the authenticity of charges against them about the outlawed Mungiki sect.
Lawyer Ndegwa Njiru claimed the prosecution's charges against the 12 are defective and illegal saying the prosecution moved to court with unclean hands and the process of charging them was "mischievous".
According to Ndegwa, the prosecution unlawfully turned some of the accused persons into state witnesses.
"The prosecution has not formally applied to convert any of the accused persons into state witnesses but they have supplied us with statements of our clients in support of their case," said Ndegwa.
Lawyer Steve Biko added that the prosecution had deliberately delayed in supplying them with witness statements and documentary evidence.
"The action by the prosecution is mischievous and amounts to trial by ambush. We want the charges dropped because they are not properly filed in court," said Biko.