Director of Public Prosecutions Renson Ingonga has withdrawn the criminal case against Mungiki ex-leader Maina Njenga, citing lack of cooperation by 20 of the 28 witnesses that were lined up to testify.
This effectively means he's off the hook, even as the DPP cited his frustration with witnesses.
According to the filed affidavit by State counsel Charles Omwenga, witnesses were not willing to testify against Mr Njenga due to their relationship with him.
Other reasons include failure by police officers to book suspects at police stations upon arresting them, which, according to the prosecution, jeopardised the entire case.
However, defence counsel, led by Ndegwa Njiru and Steve Biko, urged the court to acquit their client for lack of evidence under section 204 and 210 of the Constitution. According to them, the prosecution's admission meant they had insufficient evidence to sustain the case.
The court in its ruling, however, noted that although it sympathises with the accused for being subjected to unnecessary trial for over 18 months, the only recourse was to allow termination under section 87(a).
The case followed the May 2023 raid on his homes. Eight people found at his Wanyororo home in Nakuru, including the security guard, were arrested and charged alongside Mr Njenga.
Others were arrested at their homes in Njoro. The police further seized assorted items and paraphernalia which they linked to the Mungiki group.
After the ruling on Monday, Mr Njenga walked out of the courtroom to a rousing reception from his supporters who were waiting outside.
He maintained his innocence, claiming that the charges were framed by his political rivals, who he said are currently facing similar troubles.
“I am happy that I am free. We were framed by some people...though they are the ones now battling trials similar to those they put me through,” said Mr Njenga.
