• They allegedly committed the offence on July 20 in the Kiserian area within Kajiado County.
• The three were charged with a second count that on the same dates and place they were in preparation to commit a felony by being in possession of the weapons.
Image: CAROLYNE KUBWA
Former Mungiki leader John Maina Njenga was on Monday charged before a Makadara court with being in possession of offensive weapons that were believed to be used against the public order.
Njenga was charged alongside his brother Peter Njoroge and Felix Ratu.
The charge sheet indicated that they had been found within 14 machetes, 24 Maasai swords, 46 rungus and three jembe sticks in circumstances which raised a reasonable presumption that the weapons were intended to be used in prejudicial to public order.
They allegedly committed the offence on July 20 in the Kiserian area within Kajiado County.
The three were charged with a second count that on the same dates and place, they were in preparation to commit a felony by being in possession of the weapons.
The prosecution further said the accused persons jointly organized an unlawful assembly and procession scheduled to take place within Nairobi City County and other parts of the country.
They denied the charges before Chief Magistrate Francis Kyambîa.
The prosecution opposed the release on bond of Maina Njenga but not to the second and third accused persons.
The DPP argued that there is a likelihood that Njenga may commit more crimes or offences from the record of his character as he was recently charged in a Nakuru court.
"The recovery of offensive weapons from the accused and the Nakuru case is similar to this one, Njenga is a repeat offender. If released Njenga is likely to continue perpetuating similar crimes," the court was told.
The court also heard Njenga is an influential person and is likely to instil fear and harm witnesses that will come to give evidence to the charges presented in court.
The Prosecution added that Njenga's life is under threat from other outlawed sects and Other accomplices are at large and Njenga may influence them not to be arrested if released.
Through their 14 lawyers led by Harun Ndubi, the accused pleaded for lenient bond terms stating that their rights were violated having charged past 24 hours.
However, the magistrate ruled that there are relevant independent bodies to lodge complaints and delegation of duties in the absence of DPP.
The court was urged to release the suspects on free bond.
There was a brief argument in court when a police officer in plain clothes tried to prevent Njenga from taking medicine brought to him by his family members.
Ndubi complained bitterly which led to the intervention of the Magistrate who allowed Njenga to take his medicine as he saw no problem with it.
The defence added that the three had been held incommunicado for over five days, blindfolded and denied access to their Family members or lawyers.
The lawyers applied for Njenga to be taken to hospital as he was feeling unwell.
The lawyers said Njenga has his specialist at Karen Hospital and prayed that he be taken there.
The court heard the second accused person who is Njenga's brother was not feeling unwell too.
The magistrate however said since the Industrial Area remand prison has a medical facility, the accused persons will be attended there.
The Magistrate said he will deliver his ruling on Tuesday.