A Nairobi court is set to determine on August 19 whether Mukurweini MP John Philip Gichohi Kaguchia must enter a plea in a case accusing him of offensive conduct likely to breach the peace.

Milimani Senior Principal Magistrate Teresiah Nyangena reserved the ruling date following submissions from both the prosecution and defence over preliminary objections challenging the charge sheet and the court’s jurisdiction.

Prosecution’s Position

  • The Office of the Director of Public Prosecutions (ODPP) urged the court to dismiss the objections, emphasizing that the charges are lawful and any raised issues should be addressed during trial.
  • The prosecution highlighted that the charges rely on evidence collected by investigators and that the validity of the charge sheet should be tested in court.
  • On jurisdiction, the prosecution argued that although criminal cases are usually heard where the offence occurred or where parties reside, this case is exceptional because Kaguchia is a sitting MP and State officer.
  • They contended that holding the trial in Nairobi would protect witnesses from potential coercion or intimidation, ensuring a fair process.
  • The prosecution maintained that the court has proper jurisdiction and no prejudice would be suffered by the accused.
  • They also stated that any minor errors in the charge sheet, including translation issues, can be corrected through amendments.
  • Finally, the prosecution argued that Kaguchia’s constitutional rights, such as legal representation, have not been violated.

Defence Arguments

  • Kaguchia’s lawyers claimed the charge sheet is fundamentally flawed, failing to disclose an offence adequately.
  • They argued it does not clearly identify alleged victims or complainants, denying the MP sufficient information to prepare his defence.
  • The defence also pointed out vagueness in the particulars of the offence, including unclear references such as "Kasongo."
  • They rejected the prosecution's claim that Kaguchia’s status warrants trial in Nairobi, insisting he deserves equal treatment under the law without assumptions of political influence.
  • The lawyers contended that holding the trial outside Kaguchia’s home jurisdiction would prejudice his defence.
  • They further maintained that defects in the charge sheet cannot be rectified through amendments.

Magistrate Nyangena will issue her ruling on the objections and whether Kaguchia will be required to enter a plea on August 19.