Seven suspects arrested during a raid at a home believed to be that of former Mungiki leader Maina Njenga in Wanyororo were asleep at the time of apprehension.
Police Chief Inspector Ekiru Lobuun told Chief Magistrate Kipkurui Kibelion that he, in the company of investigators, raided the home at about 5am on May 12.
While answering questions during cross examination by defence lawyers, Ekiru said that only the second accused, Daudi Mwangi, was awake because he was the one who opened the gate for the investigators.
However, he could not explain how the seven could have been attending, addressing, recruiting or organising an illegal meeting in their sleep.
In the case, Maina Njenga and 11 others are charged with being members of an illegal sect and attending, organising and addressing an illegal meeting.
They are also charged with being in possession of a firearm, ammunition, 98 rolls of bhang, one kilogram of snuff, clubs, walking sticks and other paraphanalia related to the outlawed Mungiki sect.
The alleged offences were committed at Githioro area of Wanyororo in Bahati Sub-County between May 11 and 12, 2023.
Lobuun told the court that a team of investigators from Bahati, Nakuru Town East and Nakuru Town West subcounties were called to Lanet Police Station on May 11 where they were briefed about an impending exercise.
Lawyer Ndegwa Njiru asked him why the officers had to wait until the wee hours of the following day to raid the home instead of acting first to avert the crime or catch the suspects in the act.
"Do you realise that you could have averted the crime, if any, or caught the suspects committing the alleged crime?" Njiru posed.
The officer could not explain why the team had to wait for more than 12 hours to conduct the search after they received intelligence information that criminal activities were taking place at the home.
Lobuun could not also explain why some exhibits were listed in the police inventory and mentioned in witness statements yet they were not presented in court.
Lawyer Njiru told the court that Lobuun, the third witness in the case that commenced hearing on Monday, that the scene of crimes team used a professional camera to photograph the scene yet it was on record that they used a mobile phone camera.
“Police witness statements show that only nine photographs were registered and taken for enlargement yet the witnesses from Directorate of Criminal Investigations has produced 39 pictures in court,” the lawyer said.
Other prosecution witnesses who testified in the matter today are Charles Gitau and Godwins Kimani.
Principal Magistrate Kipkurui Kibelion set the matter for next hearing on May 20, 2024.