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Former Mungiki boss charged
Former leader of the outlawed Mungiki sect Ndura Waruinge was yesterday charged with causing violence in Nairobi’s Kibera slum, leading to the death of two people.
Mr Ndura Waruinge in a Nairobi court yesterday where he was charged with causing the violence.
But even as he denied this and another charge of arming himself and others with the intention of causing harm, police indicated they could prefer more charges against him at the conclusion of ongoing investigations into the two deaths during the violence, on Sunday, December 17.
“Two people died and three others are nursing their injuries at Masaba hospital. The officers need time to investigate circumstances surrounding the death of these people, which may mean preferring more charges against the accused person,” Chief Inspector Murithi Mate told Nairobi senior principal magistrate Rosemelle Mutoka.
Consequently, Mr Mate asked the court to remand Mr Waruinge until the case was heard and determined “as he might tamper with investigations or just jump bail if released from custody”.
He further said that the case was of utmost national interest particularly due to the deaths and injuries that arose from the violence and Mr Waruinge’s threats “to go back to his old days”.
But the request was vigorously opposed by defence lawyers in arguments, which turned the spotlight on Mr Waruinge’s character, religious leanings and his former connection with the dreaded sect.
Whereas the defence lawyers, Mr John Mworia and Mr Geoffrey Orina Monari, described their client as “a pastor, man of God and a preacher of peace”, the prosecutor responded that Mr Waruinge’s character was at variance with these portrayals and he could not be trusted with bail.
Argued Mr Mworia:”His past character or former status of being Mungiki should not be used to influence the court in the circumstances said before this court.
“The prosecution want to paint his picture as that of a man who is fierce and destructive, which is not true,” he said.
And Mr Waruinge demonstrated his respect for the law by turning himself at Kilimani Police Station to record a statement as directed by police in the wake of the Kibera violence, said the lawyer.
He further argued that the offence his client was facing was bailable and it would be a violation of his constitutional right to deny him the same.
And by taking his client to court and charging him, the police were indicating they had concluded investigations into matter, the lawyer argued. “Issues relating to other pending investigation are extraneous and not connected to the case before court,” he said.
But in his response, Mr Mate said of Mr Waruinge’s claim of divine calling: “If we bring clips of media reports of that day, the accused is issuing threats on reverting to the old ways associated with killings and wanton destruction …..These are at variance with the character of a pastor and a man of the collar. It is the opposite.”
On the bail application, Mr Mate opposed it saying Mr Waruinge could abscond and interfere with the ongoing investigations “given his character and influence” as former leader of the dreaded but banned religious sect”.
“He did threaten he will go back to his old ways. Releasing him on bond at this time may be contrary to public interest as the situation is still tense in Kibera area,” said Mr Mate.
The court was also urged to take notice of the fact that the sect had been linked to skirmishes in other parts of the city such as Mathare, where lives have been lost.
Though a bond was an accused person’s constitutional right in bailable offences, the court enjoyed sole discretion in awarding it, he said.
“In Waruinge’s case, the court has the discretion of putting national interest ahead of the accused person’s, said Mr Mate.
“An individual can’t enjoy his rights while interfering with rights of others. The right to bond cannot be granted in exclusivity,” said Mr Mate.
Mrs Mutoka said she would give her ruling on the bail application this morning.
Mr Waruinge was arrested on Monday at Kilimani Police Station in the city where he had been summoned to record a statement on the violence.
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