Former Mungiki leader Maina Njenga wants to stop the prosecution from producing a toy pistol as evidence in his trial.
Njenga is charged with seven counts of being a Mungiki leader, planning criminal activities and possessing illegal firearms, ammunition and bhang. However, through his lawyer Ndegwa Njeru, Maina submits that production of the toy pistol allegedly found in his house will be trial by ambush.
Njeru submitted that three police officers who raided Maina’s home on May 12 never testified on the toy gun. “We are not able to cross examine the three witnesses who were present during the raid on the trial gun,” said Njeru.
He questioned how the prosecution waited until the fourth witness DCI officer Samson Tanui testified for them to produce the gun. He said the same should have been produced by the first witness.
In response, prosecutor Wycliff Omwenga said the prosecution produced supplied all inventories of the evidence and exhibits they will rely on in the case. Principal Magistrate Kipkurui Kibelion will rule on the application at noon.