Mukurwe-ini Member of Parliament John Kaguchia was released on a Sh250,000 cash bail on Tuesday after the Milimani Law Courts deferred his plea in a case accusing him of offensive conduct likely to breach the peace.

Kaguchia appeared before Senior Principal Magistrate Teresiah Nyangena to respond to allegations that he made inciteful remarks at Naromoru Shopping Centre in Kieni East, Nyeri County, on August 1, 2026. The prosecution claims the MP’s statements, delivered in Kikuyu, were intended to provoke hostility and disrupt public order.

However, the court halted the plea-taking process following preliminary objections raised by Kaguchia’s legal team. The defence argued that the court lacked jurisdiction and that the charge sheet was fundamentally flawed, failing to disclose a valid offence. They also accused investigative agencies of ignoring earlier High Court orders, including directives for Kaguchia’s immediate access to legal counsel and his release on bail.

The charge sheet alleges that Kaguchia warned residents that supporters of "Kasongo" would face social ostracism, including being shunned during bereavements and dowry ceremonies, and advised to seek medical treatment outside the area.

Magistrate Nyangena noted the situation had evolved since Kaguchia was formally charged and presented before a criminal court, explaining the need for fresh bail conditions. She set bail at Sh1 million bond or Sh250,000 cash bail, with Kaguchia opting for the latter.

The court scheduled the case for mention on Wednesday to consider the defence’s preliminary objections and provide further directions.

Background and Legal Arguments

  • The defence challenged the prosecution’s case, citing non-compliance with High Court orders and procedural irregularities.
  • The prosecution denied contempt allegations, stating the Director of Public Prosecutions was not served with relevant court orders.
  • The defence assured the court that Kaguchia was not a flight risk and would comply with all court appearances.

The case continues to attract attention amid concerns about selective justice and political tensions in the region.