Githunguri Member of Parliament Gathoni Wamuchomba has come out in support of the arrest and prosecution of Mukurweini MP John Kaguchia, stating that the process was constitutional and followed the law.
In a statement posted on social media on August 5, 2026, Wamuchomba acknowledged that while Kaguchia’s remarks were flawed, the legal procedures leading to his arrest were proper and aligned with the Constitution.
Concerns Over Selective Justice
Despite backing the arrest, Wamuchomba expressed worries about what she described as selective enforcement of the law. She questioned why other politicians who have allegedly made inflammatory statements ahead of the 2027 general election remain free, while Kaguchia faced swift legal action.
“If we are arresting, we need to hear of the next one today,” she urged, calling on law enforcement agencies to apply the law impartially to maintain public trust in the justice system.
Wamuchomba warned that inconsistent application of justice risks eroding public confidence in Kenya’s legal institutions.
Kaguchia’s Release and Legal Arguments
On August 4, 2026, Milimani Court released John Philip Gichohi Kaguchia on a Ksh1 million bond, with an option to pay Ksh250,000 in cash bail. He was facing charges of offensive conduct likely to breach the peace under section 94(1) of the Penal Code.
Kaguchia’s defence team challenged the charges, arguing that the Directorate of Public Prosecutions had not properly framed them. They maintained that Kaguchia’s actions were a demonstration against the ruling government and did not constitute a crime.
The defence also claimed that Kaguchia’s arrest was unconstitutional, citing the absence of a summons and describing the arrest as conducted by "goons." Furthermore, they contested the Milimani Court’s jurisdiction, noting the alleged offence occurred in Naromoru Shopping Centre, Nyeri County, and thus should be tried locally.
