Former Mungiki leader John Maina Njenga, along with his brother Peter Njoroge and Felix Ratu, appeared before a Makadara court on Monday to face charges related to the possession of offensive weapons believed to be intended for use against public order.
The charge sheet indicated that the accused were found in possession of 14 machetes, 24 Maasai swords, 46 rungus, and three jembe sticks in circumstances that raised reasonable suspicion of their intent to use the weapons to the detriment of public safety.
The alleged incident occurred on July 20 in the Kiserian area within Kajiado County.
"On the 20th day of July 23 at Kiserian area within Kajiado County, without reasonable excuse, were found in possession of offensive weapons to wit 14 machetes, 24 Maasai swords, 46 rungus and three jembe sticks in circumstances which raised reasonable presumption that the said offensive weapons intended to be used in a manner prejudicial to the public order," read a part of the court document.
In addition to the possession charges, the three individuals were also charged with preparing to commit a felony by having these weapons at the same time and place.
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The prosecution claimed that the accused had jointly organized an unlawful assembly and procession scheduled to take place within Nairobi City County and other parts of the country.
Appearing before Chief Magistrate Francis Kyambîa, the accused individuals denied all charges.
The prosecution opposed the release of Maina Njenga on bond, citing concerns that he may commit further crimes based on his previous record, which includes recent charges 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 informed.
Furthermore, the prosecution expressed concerns about the safety of Njenga's life, claiming he faces threats from other outlawed sects and accomplices who are currently at large.
There were fears that if released, Njenga might influence them to avoid arrest.
Despite pleas from the accused's lawyers, who claimed their rights were violated during their detention, the court ruled that relevant independent bodies should handle any complaints, and the delegation of duties was not the responsibility of the Director of Public Prosecutions (DPP).
According to Njenga's lawyer, Ndegwa Njiru, his client was apprehended on July 20 by police from Lower Matasia in Ngong and subsequently taken to an undisclosed location.
After obtaining a habeas corpus order requiring police to produce him in court on July 24, the lawyers argued that Njenga's health was deteriorating and requested that he be taken to his specialist at Karen Hospital.
The court addressed the issue of Njenga's health, and the magistrate allowed him to take his medicine despite a brief argument with a plainclothes police officer who initially attempted to prevent it.
The magistrate further stated that considering the medical facility available at the Industrial Area remand prison, the accused individuals would receive medical attention there.
The court is expected to deliver its ruling on Tuesday concerning the release of the accused individuals on bond.