Members of the public have been allowed to attend the hearing of a criminal case against former Mungiki leader Maina Njenga and 11 others at a Nakuru court after the court ordered the police to all access.
Principal Magistrate Kipkurui Kibelion gave the orders Tuesday after a day full of power games between the defence and prosecution through National Police Service who had barricaded all roads leading to Nakuru Law courts.
"No accused person nor witness shall be denied access to the courtroom because doing so is unlawful and detrimental to the justice system and legal court proceedings," Justice Kibelion ruled.
Hundreds of armed police officers in jungle uniforms were deployed to the court and its environs to stop the public from going anywhere near the court precincts.
The police came in seven land cruisers and a lorry which they used to strategically block the roads leading to Nakuru Law Courts.
Four of the accused persons delayed entry into court during the session because they had allegedly been barred from entering the building by the police.
Even lawyers were required to present their Law Society of Kenya (LSK) accreditation cards to gain access to the court while residents had to cover longer distances to their destinations to circumvent the police barricade.
The heavy police presence was strongly protested by the defence lawyers causing the court to adjourn twice and ultimately, the hearing was pushed to Wednesday.
While delivering his ruling after the second adjournment, Kibelion ordered the police to allow members of the public who want to attend courtroom hearing of the case against Njenga and his co-accused.
He ordered the Officer Commanding Nakuru Central Police Station (OCPD) to ensure that civilians access the court precincts with ease.
“It is the duty of the police to ensure orderliness in court instead of barring access to the court, therefore, the OCS will also be required to ensure order,” said the Principal Magistrate.
The magistrate at the same time ordered the administrator in charge of Nakuru Law Courts to set up screens with the compound and make arrangement to allow civilians who will not access the courtroom a chance to follow the proceedings.
"This matter has attracted a lot of public interest, though not measurable, and it will proceed in a public manner to the extent that the court room can accommodate," the judge said.
Six witnesses were lined up to testify in the case that was set to run for three consecutive days but the matter could not be heard owing to the police interference.
Njenga and his co-accused are charged with being members of an outlawed sect, recruiting people to an outlawed sect, being in illegal possession of a firearm, ammunition, snuff and 98 rolls of marijuana among others.
The said offences were allegedly committed at his home in Githioro area of Wanyororo in Bahati Sub-County between May 11 and 12.