Trial of ex-Mungiki leader Maina Njenga fails to proceed as his lawyers protest police presence

A Nakuru court has ordered the police to allow members of the public access to the courtroom during the trial of former Mungiki leader Maina Njenga and 11 others.

Principal Magistrate Kipkurui Kibelion ruled that the police should not deny the accused access to the court as well as members of the public while undertaking the responsibility of maintaining order in the courtroom.

Maina Njenga and his co-accused persons are on trial for being members of an unlawful sect, attending an illegal meeting among other charges.

The Nakuru Law Courts was on Tuesday chequered with police in anti-riot gear on access roads leading to the premises.

Everyone who was coming to court went through a screening process that left a majority of the members of the public outside the court.

The defence lawyers were however not amused and accused the State of using police to intimidate them and their clients and sought to have the court adjourned until the public is allowed in the courtroom.

The prosecution however sought to have the number of people in the courtroom regulated citing Monday's collapsing of a prosecution witness in court.

Defence lawyer Evans Ondieki said: “The accused persons have legitimate expectations that their mothers, their relatives their friends have a right to come and witness...my own clerk who carries my files called Simon Mbugua was actually arrested, I am deeply disappointed.”

His colleague Ndegwa Njiru added:”Unless this court directs that this matter proceeds in camera, police cannot impose a camera and we have instructions from our client to seek an adjournment until such a time as their family members are allowed into the court.”

Prosecutor Wycliffe Omwenga, on his part, argued: “We want direction regarding the number of people in the court as you are aware one prosecution witness collapsed in the court room.”

In his ruling, Magistrate Kibelion held that the matter be heard in a public manner and members of the public be allowed in the courtroom.

Further, he ruled that due to the public interest in the case, more space was to be created to allow more members of the public follow proceedings outside the courtroom.

The court also ordered the police to ensure that court proceedings went on uninterrupted with a warning that no accused person should be denied access to the courtroom.

The matter was adjourned to Wednesday when the hearing will continue.