Mukurweini MP John Kaguchia appeared before Milimani Law Courts on Tuesday, charged with making alleged inciting remarks at a political rally in Kieni, Nyeri County.

During the hearing, Senior Principal Magistrate Teresia Nyangena read the charge of offensive conduct to Kaguchia, who did not respond as his lawyers raised constitutional objections, challenging the validity of the charges.

The defence argued that the charge sheet lacked sufficient detail as required under Article 50(2) of the Constitution, which guarantees the accused the right to be fully informed of charges to prepare a defence. They described the charges as an attempt to infringe on freedom of expression and suppress opposition voices.

Legal counsel Kiragu Wathuta and Ndegwa Njiru outlined concerns over the circumstances surrounding Kaguchia's arrest, stating that he was detained without a warrant and denied access to legal representation while held at the DCI headquarters. The lawyers also said police refused to accept bail initially granted by Kiambu High Court.

Several political figures, including Nyeri Senator John Methu and Woman Representative Jane Njeri Maina, attended the proceedings in support of the MP.

Key Legal Arguments Presented

  • The charge sheet did not specify who was allegedly threatened or insulted, nor confirm the remarks were made publicly as required by law.
  • Discrepancies in the translation of the alleged remarks could prejudice the accused's understanding of the charge.
  • The offence under Section 94(1) of the Penal Code is a misdemeanour punishable by up to six months imprisonment or a fine not exceeding Sh5,000, making prolonged detention disproportionate.
  • The Milimani court's jurisdiction was questioned since the incident occurred in Kieni, Nyeri County.
  • Article 49(1)(c) of the Constitution guarantees the right to legal counsel before pleading, which was allegedly denied.
  • The MP's Samsung A33 phone, seized during the arrest, was unrelated to the offence and should be returned.

The hearing on these preliminary objections is ongoing.