Former Mungiki sect leader denied bond again

Former leader of the banned Mungiki sect, Mr Hezekiah Ndura Waruinge, has lost another attempt to secure release on bond.

Today, Senior Principal Magistrate Mrs Rosemelle Mutoka rejected reasons given by his lawyer in pressing for the release, saying the court had not been furnished with any new facts.

Waruinge has been charged with incitement to violence, where it is alleged that he uttered threatening words, saying he would revert back to his old tactics and that “dawa ya moto ni moto (fire is returned by fire)”.

He faces a second count of preparing to commit a felony, namely grievous harm, while armed with dangerous weapons.

His lawyer, Mr Jimmy Simiyu had argued that he had willfully presented himself to the police station, was a person of good morals, had never jumped bail, denied the charges and had not interfered with investigations into the matter.

But the magistrate ruled: “I reject each reason given by the defense. I find no new matters raised by the defense that affect my earlier ruling”.

Urged to preach peace to those in prison

While renewing his application on Thursday, he complained that investigations into the criminal charges were too slow.

On December 21, Mutoka ordered that Waruinge be remanded in prison custody to enable police complete investigations. She also said if released on bond, he could jeopardise security in Kibera slums, given the volatile and fluid situation in the area.

The magistrate further urged Waruinge, who is now a self-proclaimed preacher, to preach peace to those in prison.

“In prison, there is a willing audience as most of them are troubled souls who need a person to give them a message that would soothe their spirits,” she said.

But the prosecution argued that it was not the first time Waruinge had been dragged through the courts. He has previously been bonded to keep peace and be of good behavior.

In the ruling, the magistrate pointed out that the bond Waruinge signed on April 17, 2003, expired a year later.

“He did not breach the bond terms and it cannot be a factor in this ruling,” he said.

The case will be mentioned on January 11 and heard on January 26.

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