At Mukurwe wa Nyagathanga shrine, 22 individuals were taken into custody on December 31 under suspicion of being affiliated with the banned Mungiki group.
Now, the case against them has been dropped, following a request from the Office of the Director of Public Prosecution (ODPP).
Senior Principal Magistrate Edwin Nyaga at Murang’a Law Courts ruled on February 28 to withdraw the case under section 81(a) of the criminal procedure code.
The accused, represented by lawyer Martha Karua and her team, expressed dissatisfaction with this decision.
They intend to explore other legal options to ensure justice for their clients, citing concerns over the violation of their constitutional rights.
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Karua emphasized that withdrawing the case under section 81(a) could establish a dangerous precedent for future arrests under similar circumstances.
She highlighted the fear within the Kikuyu community of being targeted for practicing their religious freedoms.
“While the case being dropped is a relief, the Kikuyu people remain fearful of practicing their faith without facing arrest,” Karua remarked.
“No community should face discrimination for exercising their constitutional rights, and we will fight against the criminalization of Kikuyu culture and any other culture.”
The prosecution, however, justified the withdrawal of the case due to insufficient evidence to secure a conviction.
They cited the lack of additional evidence from the investigating agency and emphasized public interest considerations, particularly the advanced age of the accused.
“The charges were brought based on a threshold test, anticipating further evidence from the investigation.
Since this evidence hasn’t materialized, we see no basis to continue prosecuting the accused,” the prosecution stated.
Their decision also took into account the elderly status of the majority of the accused individuals, aligning with broader public interest concerns.
