Drama as ex-Mungiki leader Maina Njenga goes on trial
Ms Hannah Njoki, the first prosecution witness in the case of Maina Njenga (left), collapses while taking an oath at the Nakuru Law Courts on November 20, 2023.
The trial of Azimio Coalition leader Maina Njenga for alleged membership to Mungiki, an outlawed group in Kenya, and the crimes it allegedly committed in Bahati sub-County opened on a dramatic note in Nakuru on Monday.
Mr Njenga, commonly referred to as the former Mungiki leader, was put on his defence after he lost a bid to stop the criminal trial where he and 11 others are facing seven charges.
Former Mungiki leader Maina Njenga (right) at the Nakuru Law Courts on November 20, 2023.
Nakuru Principal Magistrate Kipkurui Kibellion dismissed the application by a team of lawyers led by Steve Biko, who accused the State of turning some of the accused persons into prosecution witnesses without following due process.
"Some of the witness statements supplied to the defense team were recorded by the accused persons," said Mr Biko.
“The decision by the prosecution to turn the accused persons to witnesses was not done formally as there was no application made before the court seeking the same.”
Mr Njenga also wanted the trial halted alleging that the case was similar to the one he was facing before a Makadara in the capital Nairobi.
The magistrate threw out the application, ruling that Mr Njenga failed to produce evidence to support his claims.
Mr Njenga and his co-accused are facing seven counts relating to membership to an outlawed criminal gang, Mungiki, and engaging in organised crime in Bahati, Nakuru County, between May 11 and 18, 2023.
The trial opened on a dramatic note after the first prosecution witness, Mr Njenga’s mother-in-law, collapsed while taking oath.
Ms Hannah Njoki, the first prosecution witness in the case of Maina Njenga (left), collapses while taking an oath at the Nakuru Law Courts on November 20, 2023.
The witness, an elderly woman identified as Hannah Njoki, collapsed a few minutes after taking to the stand to testify against her son-in-law., briefly interrupting the court session as court orderlies rushed to her rescue.
The cause of her collapse was not immediately clear.
The magistrate dismissed the application, ruling that Mr Njenga had failed to provide evidence to support his claims.
Mr Njenga and his co-accused are facing seven counts of belonging to the outlawed Mungiki criminal gang and engaging in organised crime in Bahati, Nakuru County, between May 11 and 18.
The trial opened on a dramatic note after the first prosecution witness, Mr Njenga's mother-in-law Hannah Njoki collapsed while taking the oath.
She collapsed a few minutes after taking the stand to testify against her son-in-law, briefly interrupting the session as court officials rushed to her aid.
The cause of her collapse was not immediately clear.
The second witness, Eric Wainaina, a detective with the Directorate of Criminal Investigations based in Nakuru, who was among the 20 officers who raided Mr Njenga's house in Wanyoro on May 12, said they carried out the operation on suspicion that members of an outlawed criminal gang had gathered at the house and were planning to commit a crime.
Appearing in court, Mr Wainaina said that when they arrived at the gate, they found a gateman identified as David Mwangi Chege who opened the door and ushered them into the main house.
Ms Hannah Njoki, the first prosecution witness in Maina Njenga's case (centre), is assisted after collapsing while taking an oath at the Nakuru Law Courts on November 20, 2023.
Mr Njenga was not in the house as he had left the previous evening. The officer said they had been informed that there were seven other people sleeping in different rooms in the house.
The officers divided into groups and began to search the house.
"In the first bedroom we recovered 96 rolls of Cannabis Sativa, we proceeded to the second bedroom where I recovered a toy pistol from inside pillowcases placed on the bed," said Mr Wainaina.
In the master bedroom, where Mr Njenga sleeps, the court heard that a Tokarev pistol was recovered from a drawer, the serial number of which was not visible.
"I recorded all the recoveries in the inventory, which was duly signed. I also recovered a black Toyota Lexus vehicle. Eight people were arrested inside the compound and at the end of the exercise we were joined by the Regional DCI Coordinator Mr Wanjau and the County DCI boss Mr Adan Hassan," said Mr Wainaina.
The eight suspects and exhibits were taken to Githioro Police Station and later escorted to the county DCI offices in Nakuru City.
The exhibits presented in court included walking sticks painted with the Kenyan flag, a pistol, a toy pistol, clubs and Kenyan national flags, among others.
But the defence team poked holes in the officer's testimony, accusing him of incompetence and dishonesty.
Mr Njiru Ndegwa challenged the officer to explain the glaring irregularities in the charge sheet.
He asked why the officer failed to confirm the real owner of the house and charged him without verifying the facts.
The lawyers also challenged him to explain how he confirmed that the items seized were cannabis sativa.
The three-day hearing, which began on Monday, will continue on Tuesday.
