Principal Magistrate Kipkurui Kibelion, on Tuesday, June 20, rejected a petition filed by former Munguki leader, Maina Njenga, who wanted Deputy President Rigathi Gachagua summoned to shed more light on his arrest.
Njenga accused Gachagua of contempt of court, claiming that the DP influenced his case by linking him to the resurgence of the outlawed Mungiki sect.
Additionally, Njenga, through his lawyers, wanted the DP to provide sufficient evidence before the court.
“This court has a duty to protect the sanctity of trial and proceedings before it. It is prohibited, under the general rule of law, comments that amount to sub judice.
"The facts of the case ought not to be discussed outside the court,” Njenga petitioned.
However, the magistrate ruled that Njenga's application lacked merit, adding that his lawyers did not provide sufficient evidence to support his request.
“For clarity, this court has a duty to protect the sanctity of trial and proceedings before it and can only give a specific order when satisfied that there is indeed a violation.
“In this case, and with a lot of respect, no material has been placed before me that has demonstrated the asserted contempt by the deputy president. I decline to make any orders in respect of this order,” Kibelion ruled.
On May 29, Maina Njenga, through his lawyers Ndegwa Njiru and Martha Karua, told the court that Gachagua tainted his reputation as a respectable member of society by claiming that he wanted to cause mayhem in the country.
Additionally, Karua faulted the Directorate of Criminal Investigations(DCI) for referring to Njenga as an ex-Mungiki leader it a loan to propagate a wrong perception of Njenga.
“Our client had been vilified by the press. In a function in Thika, the deputy president made comments meant to lower the opinion of the right-thinking member of our society as our client is concerned. Knowing the experience that our country has gone through, we do not want to go back there,” Njiru stated.
Gachagua, on May 28, claimed that Njenga was the sole beneficiary of the violence and built nine mansions across the country to live an extravagant lifestyle.
"It is a few people taking advantage of young people. As we speak today, he has nine posh homes, in Lavington, Kitengela, Nyahururu and others," claimed Gachagua.
Njenga was summoned by the DCI for grilling over two firearms and rolls of bhang allegedly seized at his home in Nakuru.
