The Milimani Law Court in Nairobi is set to issue directions on August 19 regarding a jurisdiction challenge in the case involving Mukurweini MP John Kaguchia. The MP faces a charge of offensive conduct linked to an alleged incident in Nyeri County.
Kaguchia’s defence team contested the venue of the trial, arguing that the alleged offence occurred at Naromoru Shopping Centre in Kieni East, Nyeri. They urged the court to determine if Milimani Law Courts in Nairobi have jurisdiction, describing the current arrangement as a case of forum shopping.
According to the defence, Kaguchia represents constituents in Nyeri and spends limited time in Nairobi outside parliamentary sessions. They highlighted that the Office of the Director of Public Prosecutions operates offices in both Nairobi and Nyeri, questioning the necessity of holding the trial in the capital.
One defence lawyer emphasized the need for a clear affidavit of evidence to justify transferring a criminal case outside the area where the alleged offence took place. The team further challenged the charge sheet as defective, arguing it lacks sufficient details to enable Kaguchia to understand the allegations and enter a plea.
The prosecution opposed the objections, maintaining that the case was properly before Milimani Law Courts. Prosecutors urged the court to allow Kaguchia to take his plea, noting that the charge sheet had been provided in a timely manner and clearly outlines the accusations.
The charge alleges that on August 1, 2026, Kaguchia knowingly uttered words in Kikuyu intended to provoke a breach of peace at Naromoru Shopping Centre, Kieni East Sub-County, Nyeri County.
The court has yet to take Kaguchia’s plea, with the jurisdiction and charge sheet objections still under consideration. Following submissions from both sides, the court deferred ruling and scheduled August 19 for directions on how to proceed.
