MURANG’A — A case against 22 individuals arrested at the Mukurwe wa Nyagathanga shrine on December 31, under suspicion of affiliating with the outlawed Mungiki sect, has been dismissed by the Murang’a Law Courts.

According to Kenya News Agency, the Office of the Director of Public Prosecution (ODPP) requested the withdrawal of the charges under section 81(a) of the Criminal Procedure Code, leading to the dismissal on February 28.

Despite the case’s dismissal, the defense team, led by Senior Counsel Martha Karua, voiced their dissatisfaction, arguing that the withdrawal under section 81(a) leaves room for potential misuse of the legal system, allowing similar arrests and charges in the future. The accused were detained while engaging in end-of-year prayers, with items such as Muratina (a traditional ritual stick) and a fly whisk cited as part of the evidence against them.

Karua raised concerns over the broader implications of such legal actions on the Kikuyu community’s freedom of worship, emphasizing that the dismissal still leaves a shadow of fear over the community regarding potential arrests for cultural practices. She vowed to pursue further legal actions to defend the constitutional rights of the accused and to challenge the criminalization of Kikuyu cultural practices.

The ODPP cited insufficient evidence and the lack of prospect for a conviction as the primary reasons for withdrawing the charges, noting that expected additional evidence from the investigating agency was not provided. Furthermore, the prosecution considered public interest and the advanced ages of the majority of the accused as factors in their decision to request the dismissal of the case.