Former Mungiki leader Maina Njenga has denied owning a house in Wanyororo estate in Nakuru County that was raided by police on May 12, 2023.
Njenga's lawyers Evans Ondieki, Ndegwa Njiru and Steve Biko told the court that the house sitting on 1.8-acre land belongs to Hannah Njoki, their client's mother-in-law.
The police raided the house on claims that a meeting by members of the outlawed Mungiki sect was taking place there.
They seized a pistol, a toy gun and a magazine containing three nine-millimetre bullets.
The officers also presented to the court some 96 rolls of cannabis sativa and 1kg of traditional tobacco that they allegedly found at the house.
Njoki, who was to testify in the case, collapsed on Monday afternoon before she gave evidence.
On Wednesday, Nyumba Kumi elder Charles Gitau was put to task by Njenga’s lawyers concerning the ownership of the property.
“The house belongs to Njenga. It is referred to as Njenga’s house by everyone in Wanyororo,” testified Mzee Gitau.
However, when questioned whether he had seen Njenga enter or leave the compound, Gitau said he had never seen him.
He was shown a land document search proving that the land was registered under Njoki’s name.
“I want to challenge you today that the land and the house do not belong to Njenga. What do you say to that?” asked Njiru.
Gitau answered: “What I know is the house is Njenga’s. I have never entered into the compound and I do not have any other proof of that."
According to Gitau, he heard that Njenga had been sold the land by a relative.
He added that he was not sure whether Njenga lived in the house or not because it was fenced.
Godwin Kimani, who is the chief of Githioro Sub-location, was also cross-examined about the ownership of the house. He said he understood the house belonged to Njenga but provided no evidence.
Kimani said his knowledge of the house came from Nyumba Kumi leaders and other intelligence stakeholders within his locality.
He testified that he only saw Njenga leave the compound once sometime in 2015, when he was being ordained to be a bishop.
Kimani testified that no negative nor criminal reports or complaints had been made to about Njenga.
He said he knew that Njenga was a reformed Mungiki leader from the Mass media but he was personally unsure of the same.
The prosecution, led by Wycliff Omwenga, wants to prove that the house that was raided belongs to Njenga and weapons and other exhibits recovered belonged to him.
Three witnesses have so far testified, with the prosecution expecting more than 35 other witnesses to take the stand.
Njenga is charged with seven counts of being a member and a leader of the Mungiki gang. He is also accused of engaging in organised crime and planning criminal activities.
The hearing will proceed on May 20, 21 and 22, 2024.