Former Mungiki leader Maina Njenga has been acquitted of criminal charges against him by a Nakuru court after the prosecution dropped the criminal case against him and eleven others for lack of evidence.
The Office of the Director of Public Prosecutions (DPP) headed by DPP Renson Ingonga formally withdrew the case.
This decision comes after a majority of the prosecution’s witnesses declined to testify against Njenga.
According to an affidavit by State Counsel Charles Omwenga, the withdrawal was largely due to the reluctance of 20 out of 28 key witnesses, most of whom have close ties to Njenga, to testify.
Additionally, the prosecution cited procedural oversights as contributing factors. Police officers reportedly failed to formally register suspects at the police stations after their arrests, which, according to the prosecution, compromised the case from the outset.
Together with the co-accused persons, Maina had been accused of engaging in organized crimes and planning criminal activities at his house in Wanyororo, Nakuru county, on May 12, 2023.
Njenga had been seeking to have charges against him dropped, challenging the authenticity of charges against them about the outlawed Mungiki sect.
Defence lawyers Ndegwa Njiru and Steve Biko argued in court that the withdrawal indicated insufficient evidence to support a trial.
“We urge the court to acquit our client based on sections 204 and 210 of the Constitution,” Njiru stated, referring to constitutional provisions concerning evidence requirements.
While the court acknowledged that Njenga had endured an “unnecessary trial” for over 18 months, it ruled to dismiss the case under Section 87(a) of the Constitution, allowing the termination without an acquittal.
In May 2023, a raid on Njenga’s homes led to the detention and charging of eight individuals, including a security guard. Authorities claimed to have linked items seized at the scene to the outlawed Mungiki group.
Following the ruling, Njenga emerged from the courtroom to the cheers of supporters gathered outside.
Addressing the crowd, he insisted that the charges were politically motivated. “I am happy that I am free.” He said.
“We were framed by some people… though they are the ones now battling trials similar to those they put me through.” He added.
