Maina Njenga finally released

John Maina Njenga, a former Mungiki leader, and his brother Peter Njoroge each received a Sh100,000 cash bail.

Francis Kyambîa, the chief magistrate of Makadara, freed Njenga, Njoroge, and Felix Ratu on Tuesday.

He also gave the accused the choice of posting a Sh200,000 bond.

The magistrate said that he considered the arguments put up by both the defense and the prosecution before granting bail.

He claimed that because the prosecution had not established how the defendant would impede witnesses, the accused’s release on bail until trial was lawful.

It will be heard on December 4.

The three were accused of having 14 machetes, 24 Maasai swords, 46 rungus, and 3 jembe sticks in situations that made it reasonable to assume that the weapons were meant to be used in a way that would be detrimental to public order.

On July 20, they reportedly committed the crime in Kajiado’s Kiserian neighborhood.

On the same dates and in the same location, they were charged with a second count for having the firearms in their possession while planning to commit a crime.

The prosecution added that the defendants planned an illegal assembly and parade that was to take place throughout the nation, including in Nairobi and other cities.

They all disputed the accusations.

Additionally, the prosecution had objected to their release on bond.

The DPP made the case that Njenga is likely to conduct other crimes or offenses given his history and the fact that he was only recently accused in a Nakuru court.

“The accused were found to have offensive weapons, and this case and the one in Nakuru are identical; Njenga is a repeat criminal. Njenga is likely to continue committing similar acts if released, the court was informed.

The influential Njenga is likely to terrorize and hurt witnesses who come to testify in support of the allegations brought before the court, according to testimony provided to the court.

The prosecution also stated that other illegal sects were threatening Njenga’s life, that other collaborators were still at large, and that if released, Njenga could be able to persuade them not to be caught.

The accused argued for moderate bond conditions through their 14 lawyers, led by Harun Ndubi, claiming that their rights had been infringed because they had been charged more than 24 hours earlier.

The magistrate decided that in the absence of the DPP, there are appropriate independent authorities to whom complaints can be made and to whose functions can be delegated.

The suspects should be free on bond, the court was persuaded.

The three were held for more than five days incommunicado, with their eyes covered, and without access to their family or attorneys, the defense said.