Former Mungiki leader Maina Njenga suffered a setback on Monday after a Nakuru Court dismissed his application.
Njenga had moved to court seeking to have charges leveled against him and 11 other individuals, in which he was accused of sustaining links to the outlawed sect, dropped.
Nakuru Principal Magistrate Kipkurui Kibellion threw out the application noting that his legal team did not provide enough evidence to prove their case.
Maina Njenga's legal representatives contended that the government had unlawfully transformed certain individuals into witnesses for the prosecution.
An earlier application from the prosecution claimed that the accused had retained their links to Mungiki, a group outlawed by the State.
They were collectively facing up to seven counts related to association with an outlawed group.
In mid-September, Njenga was taken into police custody under unclear circumstances in what his lawyer, Ndegwa Njiru, claimed was an operation conducted by government operatives.
“Client Maina Njenga was finally released by the rogue police hit squad after our press conference,” Njiru stated at the time.
At the time, opposition coalition Azimio alleged that the government was frustrating Njenga ahead of a pre-trial hearing after he was charged in July for planning mass protests.
On Monday last week, during a radio interview, Njenga exuded confidence that the case against him would collapse.
Before the application was dismissed, a witness associated with the former Mungiki leader, who was supposed to take oath, collapsed at the Nakuru Law Courts moments before being called to testify.
The witness had already been handed over a Bible when she suddenly fell.
