Former Mungiki leader Njenga denies robbery charges
Francis Mwangi (left) and former Mungiki leader Maina Njenga (right) at the Kasarani Police Station April 24, 2012. They were later charged with robbery with violence and malicious damage to property. They denied the charge and were remanded in custody. SALATON NJAU
Former Mungiki leader Maina Njenga and four others Tuesday denied charges of robbery with violence.
Mr Njenga, Francis Mwangi, Daniel Wanjohi, Ngare Njogu and Stephen Kuria Mwangi were indicted for robbing four police officers of guns, ammunition, cash and personal effects inside a church last Sunday within Kasarani area Nairobi County.
They were also accused of illegal confinement of the four police officers and a businessman Joseph Njoroge Thuo.
The five face charges contrary to Section 295 as read with Section 296(2) of the Penal Code.
A guilty verdict attracts a death sentence.
The incident stemmed from an attack on police officers who were responding to a distress call from the Hope International Church, claiming that a man with a gun had entered the compound.
When the police arrived, the members —most of them young men— turned on the officers claiming they had come to kill their leader, Mr Njenga.
The five denied committing the eight counts while armed with dangerous weapons namely knives and stones.
Messrs Njenga, Mwangi, Wanjohi, Njogu and Kuria were accused of violently robbing Sergeant Dalmas Mutuku Muthoka a walkie talkie, his mobile phone, a police identification card, an ATM bank card, Sh1,500 all valued at Sh37,000.
Besides Sgt Muthoka, they were accused of violently robbing Corporal Edwin Koech a pistol, 15 rounds of ammunition and personal effects all valued at Sh182,000.
They also robbed Corporal Gregory Mutisya a firearm loaded with 15 rounds of ammunition, police certificate, an ID card, an ATM Card and Sh2,050 all worth Sh189,000.
From Corporal Moses Mwangi they made away with his camera and a wallet all valued at Sh14,300.
While armed with knives and stones the suspects also robbed Mr Thuo of Sh100,000 before hitting him on his head.
Defence lawyers Paul Muite, Cliff Ombeta and Antony Oluoch applied to have the suspects bonded.
“Article 250 of the Constitution promotes human rights and the rule of law. I urge this court to breathe life into it by releasing the accused on bond. Article 49 of the Constitution allows any suspect to be granted bond.” Mr Muite said.
Prosecutor Bridgit Kanyai urged the court to remand the suspects for seven days while she prepared her reply.
Senior Principal Magistrate Elijah Obaga overruled her and ordered the suspects' detention until Wednesday when their bail plea will be heard.
“You arraigned the suspects in court at 3.30pm and therefore you should have anticipated any eventuality. You should have been prepared. Seven days is too much to curtail the suspects’ rights,” the magistrate ruled.
