Mungiki leader sues government over re-arrest

Nairobi, Kenya - The suspected leader of the proscribed Mungiki sect Maina Njenga Wednesday moved to sue the government over his re-arrest moments after he was released by the High Court last week.

Njenga has sued the commissioner of police over his incarceration and through his lawyer Paul Muite, he now wants the Attorney General and the police commissioner be ordered to allow him access to legal representation.

He also wants to be released on bail pending the hearing and determination of his case.

Njenga further claims that since his arrest eight days ago, he has been subjected to torture and degrading punishment contrary to the constitution.

Muite says police have fabricated Maina's involvement in the Mathira massacre to continue detaining him without trial.

The High Court ordered Njenga's release last week from prison where he was serving a five year jail term on charges of illegal possession of a firearm and marijuana.

Elsewhere Justice Muga Apondi has directed the doctor in charge of Pumwani Maternity Hospital to conduct tests to ascertain whether Florence Gathoni accused of killing her husband Brian Karanja is pregnant or not.

Justice Apondi says the report would enable him make a decision after Gathoni last week pleaded guilty to manslaughter.

Gathoni was accused of killing her husband following a domestic quarrel on the night of January 10.

The two had earlier attended a thanksgiving party at a friend's house at Thome Estate in Nairobi where they are both said to have taken some alcoholic drinks.

Gathoni is said to have accused her husband of 10 years of having an extra marital affair which sparked off the fight between them.

Should the pregnancy which Gathoni says is about four months old is confirmed, the judge could suspend imprisonment.

Meanwhile Justice Apondi has directed that a case in which two people including a policeman are charged with the murder of the son to former Gatundu North MP Patrick Muiruri be consolidated on Friday.

The consolidation was to be done Wednesday but the medical report on whether one of the suspects Alexander Chepkonga Francis is mentally fit to stand trial was not ready.

Chepkonga and Dickson Mwangi Muene have denied the offence that they allegedly committed in January this year.