Court urged to give ex-Mungiki leader protection over harassment by police

Maina Njenga abducted by hooded police on Saturday.

In Summary
  • "They blindfolded the accused to an extent the abductees could not tell where they were or in which part of the country they were"
  • The court further heard Njenga was later dumped in Limuru Banana Estate after three hours of press conference.
Ex-Mungiki leader Maina Njenga and two others at Milimani Law Courts on July 24,2023.
Ex-Mungiki leader Maina Njenga and two others at Milimani Law Courts on July 24,2023.
Image: FILE

A Makadara court has been urged by lawyers representing former Mungiki leader Maina Njenga, to issue protection orders against police officers over harassment of his liberty.

Lawyers representing Njenga told Makadara chief magistrate Tito Gesora on Monday that on Saturday evening around 10 pm, Njenga and Lekishe were abducted by hooded police who knew they were to appear in court on Monday.

"They blindfolded the accused to an extent the abductees could not tell where they were or in which part of the country they were," lawyer Ndegwa Njiru told the court.

The court further heard Njenga was later dumped in Limuru Banana Estate after three hours of press conference.

Lawyer Evans Ondieki questioned why a state officer should come hooded.

"He or she should give honor to the office, it's only criminals who hide their faces."

Ondieki added that the abduction was likely to interfere with and affect the outcome of the case should Njenga had not been released. 

Njenga was in court for a pre-trial of his case where he was charged with being in possession of panga and rungus among other dangerous weapons. 

The lawyers also requested for confiscated items including mobile phones by the police to be returned to the accused.

The prosecution however said they needed a further mention for the investigation officer to clarify on the exhibits.

The DPP denied knowing anything about abduction and only learnt of it in the media.

"Your honour, whatever happened is not related to the current case," the court was told.

He urged the defence lawyers to proceed to the High Court and file for violation of the client's rights.

Magistrate Gesora said the lawyers to file a crime and incident report and inventory be given immediately.

He directed properties taken unfairly to be filed in court properly and be given back to the accused persons. 

"No one should be subjected to inhuman treatment", he said.

The case will be heard on December 3.

In July, Njenga was charged with being found with Maasai rungus, bows and arrows among other things.

The charge sheet read that on July 20, 2023, in Kiserian within Kajiado, without reasonable excuse, Njenga and two others were found in possession of offensive weapons; 14 machetes, 24 Maasai swords, 46 rungus and three jembe sticks.

The charge sheet said the circumstances raised a reasonable presumption that the said offensive weapons were intended to be used in a manner prejudicial to public order.

Last week on Friday, Njenga was allegedly abducted but later released. Njenga's lawyer Ndegwa Njiru said. 

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