Mukurweini Member of Parliament John Kaguchia secured his release on Tuesday, August 4, 2026, after nearly 48 hours in custody, following a ruling by Milimani Law Courts that clarified the application of bail orders in his case.
Senior Principal Magistrate Teresiah Nyangena explained that the initial High Court order granting Kaguchia bail of Ksh100,000 was issued before criminal proceedings began. Once Kaguchia was formally charged and arraigned at Milimani, the trial court assumed jurisdiction over bail matters, necessitating a fresh assessment based on the new circumstances.
Kaguchia faces a charge of offensive conduct conducive to a breach of the peace under Section 94(1) of the Penal Code. Prosecutors allege that during a rally on August 1, 2026, at Naromoru Shopping Centre in Kieni East, Nyeri County, the MP made statements in Kikuyu intended to provoke social division and isolation of supporters of a political rival, "Kasongo." The prosecution claims he encouraged boycotts of bereavement events, dowry ceremonies, and access to medical treatment for those individuals.
During the hearing, the defence contested the court's jurisdiction and challenged the charge sheet's validity, arguing it failed to disclose a legally recognized offence. They also cited denial of timely legal counsel and non-compliance with previous High Court orders regarding Kaguchia's detention and access to lawyers.
The Office of the Director of Public Prosecutions (ODPP) denied any contempt, stating it had not been served with certain High Court directives. The defence requested Kaguchia's release pending determination of these preliminary objections, assuring the court that the MP was not a flight risk and would attend all proceedings. Nyandarua Senator John Methu volunteered to guarantee Kaguchia's court attendance, a proposal the prosecution did not oppose.
Magistrate Nyangena ruled that the original High Court bail terms, issued prior to formal charges, did not automatically apply once the trial court took over. Consequently, Kaguchia was released on a bond of Ksh1 million or an alternative cash bail of Ksh250,000. The case will continue on Wednesday, August 5.
