Lord Delamere's heir, sect leader united in freedom

One is the scion of the British settler aristocracy in Kenya. The other is the leader of a banned traditionalist sect that claims to draw its inspiration from the Mau Mau freedom struggle.

In an ironic twist of fate, Lord Delamere’s son Tom Cholmondeley and Mungiki sect leader Maina Njenga were freed from prison on Friday within hours of each other.

Mr Cholmondeley was released on normal remission after serving five months of an eight-month sentence for killing stonemason Robert Njoya, a sentence that provoked outrage for its leniency.

Mr Njenga has been in remand for over five years battling various charges, and walked home on Friday after the Attorney-General, Mr Amos Wako, withdrew the remaining counts, multiple murder charges arising out of Mungiki massacres in Kirinyaga and Nyeri districts earlier this year.

The charges were withdrawn just days after he said he would publish a damning dossier implicating top leaders in Mungiki activities.

The leader of the outlawed Mungiki sect was set free because police failed to provide sufficient evidence, the government has said.

Director of Public Prosecutions Keriako Tobiko told the Saturday Nation that the evidence presented by the police could not sustain the murder charges levelled against Mr Maina Njenga.

“The Attorney General subjected the file to his own independent review and concurred with the DPP that there was no sufficient evidence to warrant the continuation of the murder case,” said Mr Tobiko.

The DPP’s confession came only hours after the State entered a nolle prosequi in the murder case against Mr Njenga and 21 others before a Nyeri court.

Quoting section 82(1) of the Criminal Procedure Code that gives the AG powers to terminate any criminal proceedings, State counsel Charles Orinda told Mr Justice Joseph Sergon that the State did not wish to pursue the case.

“It is his (AG) desire for this matter to cease... I have duly signed the nolle prosequi with the purpose of terminating the proceedings,” Mr Orinda told Mr Justice Sergon.

The murder charges relate to the Mathira massacre in which 29 people were hacked to death by suspected Mungiki members on May 20.

Friday’s release of the Lord Delamere heir was a closely guarded secret among the authorities, a contrast to the live coverage of his conviction for killing mason Robert Njoya.

He was driven out of Kamiti Maximum Security Prison shortly after dawn to an undisclosed location.

His lawyer, Mr Fred Ojiambo, who was in court at the time of the release, said Mr Cholmondeley was received by his family at his Naivasha home.