NAKURU, Kenya, Nov 21 – The first witness in the case against former Mungiki leader Maina Njenga collapsed Monday at the beginning of the hearing in Nakuru.
Hannah Njoki was about to take the oath before testifying when she said that her heart was beating very fast.
Maina is charged individually and jointly with seven offenses charging them with being in illegal possession of a firearm, hosting an illegal meeting and being a member of a banned sect among others.
the alleged offenses were committed at his Githioro area of Wanyororo in Bahati Sub-County on May 12.
Directorate of Criminal Investigations officer, Police Constable said he in the company of officers from Nakuru Town West, Nakuru Town East and Bahati raided the home allegedly belonging to Maina and recovered snuff, marijuana, a gun and three rounds of ammunition.
“We also recovered paraphanalia related to Mungiki such as walking sticks, clubs and sext flag,” said the officer.
He was hovering at task to explain why some of the listed exhibits such as a toy pistol, a registers, and walking sticks were missing.
During cross examination, the officer failed to explain how guns, snuff and walking sticks were unique to Mungiki.
“Tell us how you used the items listed as exhibits were used to prove that the suspects were related to Mungiki yet that they are used by many people in the country,” said Lawyer Njiru.
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The lawyers also demanded toxicology report to prove that the clients were using the snuff and bhang.
He wondered why four of the suspects were arrested and charged with the offense yet they were not at the crime scene during the arrest.
Njiru added that there was no proof connecting them to the scene adduced in court.
The much anticipated hearing against former Mungiki leader Maina Njenga and 11 others kicked off in Nakuru today.
Most of the morning was taken up by the back and forth between the defense lawyers and the prosecution as the former accused Directorate of Public prosecution ambushing them.
The defense team of five lawyers led by Ndegwa Njiru and Evanson Ondiek claimed that prosecution served witness statement and ither documents 36hiurs to the hearing.
The lawyers also claimed that according to the statements taken from their clients, the prosecution was using backdoor means to secure the suspects as state witnesses.
Lawyer Harun Ndubi also claimed the charge sheet was defective with oxymoronic counts that contradicted each other.
He asked Chief Magistrate Kipkurui Kibelion to refer the matter to the High Court for interpretation or allow them time to apply for the same.
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The magistrate dismissed all the claims and allowed the matter which is scheduled to run for three days consecutively to continue.
