The legal situation surrounding Mukurwe-ini Member of Parliament John Kaguchia has taken a significant turn after a Kiambu court ordered his release from police custody on a cash bail of Ksh100,000.

On Monday, August 3, Lady Justice Njoki Mwangi ruled that Kaguchia should be freed immediately once the bail is paid. The judge also instructed that the MP serve the application papers on the respondents without delay.

Key court directives include:

  • Kaguchia’s immediate release upon payment of Ksh100,000 cash bail.
  • Respondents, including the Inspector General of Police and Director of Public Prosecutions, must file responses within 14 days of being served.
  • The MP is permitted to submit a further affidavit within 14 days after receiving the respondents’ replies, if necessary.

Kaguchia was detained at the Directorate of Criminal Investigations (DCI) headquarters for about four hours before being moved to Kamkunji Police Station following his arrest. His legal team has raised concerns about restricted access, alleging he is being held without communication.

Despite the court’s release order, opposition leaders allied to Kaguchia have expressed worries over his continued detention. Democracy for Citizens party leader Rigathi Gachagua accused police at Kamkunji station of defying the court order and unlawfully holding the MP.

The arrest followed controversial remarks Kaguchia made at a public rally in Nyeri, where he appeared to warn Mount Kenya residents who supported the Kenya Kwanza government of possible consequences. The MP has since claimed his comments were misinterpreted and used as grounds for his arrest.