John Kaguchia Appears in Court, Refuses to Plead Over Incitement Charges

Mukurweini MP John Kaguchia appeared before the Milimani Law Courts on Tuesday over allegations that he made inciting remarks during a rally in Kieni, Nyeri County.

He did not enter a plea after his lawyers challenged the validity of the charges, arguing that they were legally defective and politically motivated. The courtroom was filled with lawyers representing Kaguchia, while Nyeri Senator John Methu and Nyeri Woman Representative Jane Njeri Maina attended in support of the MP.

Defence lawyers Kiragu Wathuta and Ndegwa Njiru argued that the charge sheet did not meet the requirements of Article 50(2) of the Constitution, which guarantees that an accused person must be informed of the charges in sufficient detail to prepare a defence. They maintained that the case was intended to criminalise opposition politics and limit freedom of expression.

The defence outlined the circumstances surrounding Kaguchia's arrest, saying he sought refuge at Royal Media Services after taking part in a radio programme on the evening of 2 August. They told the court that dozens of vehicles carrying hooded men surrounded the premises overnight, forcing the MP to remain inside until the following morning. 

According to the lawyers, a senior police officer informed Kaguchia of his arrest at dawn without presenting a warrant or summons. He was then taken to the Directorate of Criminal Investigations headquarters, where his advocates were allegedly denied access. 

The defence also claimed that police failed to comply with a Kiambu High Court order granting him bail by refusing to process his release at Kamukunji Police Station and directing that the bond be deposited elsewhere. Njiru also challenged the court's jurisdiction, arguing that the alleged offence took place in Nyeri County and should not be heard in Milimani. 

He further argued that the charge under Section 94(1) of the Penal Code was defective because it did not identify the person allegedly threatened or insulted or state that the remarks were made in a public setting. The defence also pointed to differences between the original Kikuyu remarks and their English translation, particularly the reference to "Kasongo", which they argued changed the meaning of the statement and affected Kaguchia's ability to prepare his defence. 

They added that the alleged offence is a misdemeanour punishable by a maximum sentence of six months in prison or a fine of Sh5,000, making the MP's continued detention disproportionate. The defence asked the court to order the release of Kaguchia's mobile phone, arguing that it was not relevant to the case. 

The lawyers also relied on constitutional provisions protecting the right to legal representation, saying the MP should not be required to plead before consulting his advocates. Earlier on Tuesday, Justice Gregory Mutai granted Kaguchia a bond of Sh500,000 in a separate High Court petition and directed police to allow him access to legal counsel.