Mukurweini MP John Kaguchia was granted release on a Sh250,000 cash bail by Chief Magistrate Teresiah Nyangena at Milimani Law Courts, but he did not enter a plea after his legal team contested the charge sheet.
Kaguchia faces a charge under Section 94(1) of the Penal Code for allegedly uttering words in Kikuyu at Naromoru Shopping Centre, Nyeri County, on August 1, 2026, intended to provoke a breach of the peace. The charge was approved by the Director of Public Prosecutions (DPP).
Defense Challenges Charge Sheet
His lawyers argued that the charge lacked sufficient clarity, particularly regarding who was threatened, abused, or insulted, making it impossible for Kaguchia, who is also an advocate, to plead.
Lawyer Ndegwa Njiru emphasized the need for precise particulars to avoid wasting judicial time and urged the court to dismiss the charge as defective.
Concerns Over Detention and Access to Counsel
The defense raised issues about Kaguchia’s two-day detention and limited access to his lawyers, claiming violations of his rights. They requested that he be allowed to continue his legislative duties either as a free man or on bond.
Earlier, the High Court had ordered that Kaguchia be granted access to his counsel, his detention location be disclosed, and that he be released on a Sh100,000 cash bail. The defense contended these orders were not fully complied with and sought to have the DPP and investigating agencies cited for contempt.
Prosecution Opposes Contempt Application
The prosecution argued that the DPP had not been properly served with some High Court orders and maintained that Kaguchia’s arraignment at Milimani Court complied with the court’s directives.
The magistrate declined to immediately cite officials for contempt, allowing them the opportunity to respond first.
Next Steps
Following a brief absence and apology from Kaguchia during proceedings, the case was adjourned to August 5, 2026, for directions on plea-taking.
