A Nairobi court is set to determine on August 19 whether Mukurwe-ini Member of Parliament John Philip Gichohi Kaguchia will be required to take a plea in a criminal case. Kaguchia faces charges of offensive conduct likely to cause a breach of the peace.

The case was heard before Milimani Senior Principal Magistrate Teresiah Nyangena, who scheduled the date after considering preliminary objections from both the defence and prosecution. The objections challenged the validity of the charge sheet and questioned the court's jurisdiction to hear the matter in Nairobi.

Prosecution's Position

  • The Office of the Director of Public Prosecutions (ODPP) argued that the objections raised by the defence should be addressed during the trial, not at the preliminary stage.
  • The prosecution maintained that the charges were properly approved following evidence submission to the DPP.
  • Regarding jurisdiction, the State justified holding the trial in Nairobi, citing Kaguchia's status as a serving MP and State officer. This, they argued, would protect witnesses from intimidation and ensure a fair trial.
  • The prosecution dismissed claims that the charge sheet was defective, stating that any errors, including translation issues, could be amended without affecting the case.
  • They also contended that Kaguchia's constitutional rights were not infringed upon by holding the trial in Nairobi.

Defence Arguments

  • Kaguchia's lawyers urged the court to dismiss the charge sheet, claiming it did not specify victims or complainants and was too vague for the accused to prepare a defense.
  • They argued that the charge sheet failed to meet the requirements of the Criminal Procedure Code, particularly concerning unclear references such as "Kasongo."
  • The defence opposed the venue change to Nairobi, asserting that Kaguchia deserves equal treatment and should not be presumed capable of influencing witnesses solely because of his position.
  • They warned that moving the case away from the area where the alleged offence occurred would prejudice the MP unfairly.
  • The defence insisted the defects in the charge sheet were incurable and should result in its rejection.

Magistrate Nyangena will provide directions on these objections and decide whether the case will proceed to plea on August 19.