Mukurwe-ini Member of Parliament John Kaguchia at Milimani law courts, Nairobi on August 4, 2026/LEAH MUKANGAIMukurweini MP John Kaguchia has been released on a Sh250,000 cash bail but did not take a plea after his lawyers challenged the charge sheet presented before the Milimani Law Courts.
Kaguchia appeared before Chief Magistrate Teresiah Nyangena, where his defence team objected to the charge of offensive conduct conducive to breaches of the peace.
The charge, approved by the Director of Public Prosecutions (DPP), was brought under Section 94(1) of the Penal Code.
According to the charge sheet, Kaguchia is accused of knowingly and intentionally uttering words in the Kikuyu language at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County, on August 1, 2026, which were allegedly intended to provoke a breach of the peace.
However, his lawyers challenged the particulars of the charge, arguing that the wording was not sufficiently clear to enable the legislator to enter a plea.
Lawyer Ndegwa Njiru questioned the terms used in the charge sheet, particularly references to conduct that was allegedly threatening, abusive or insulting.
The defence argued that the charge should identify who was allegedly threatened, abused or insulted.
“Otherwise, the accused person, who is not just an MP but an advocate, cannot plead to such a charge,” one of his lawyers told the court.
The defence urged the magistrate to find the charge sheet defective and dismiss it.
“Let’s save judicial time,” the lawyers argued, saying the court should not entertain a charge they believed would not take the proceedings anywhere.
The defence also raised concerns over Kaguchia’s detention and access to his lawyers before he was brought to court.
The lawyers told the court that the MP had spent two days in custody and argued that his detention and alleged lack of access to counsel had violated his rights as an arrested person.
They asked the court to allow Kaguchia to continue with his legislative duties as a free man or on bond, noting that the High Court had issued orders relating to his detention.
Hours before his appearance, the High Court had issued separate orders directing that Kaguchia’s lawyers be granted access to him, his place of detention be disclosed to his family and advocates, and that he be released on a cash bail of Sh100,000.
The defence argued that some of those orders had not been complied with and sought to have the DPP and investigating agencies cited for contempt.
Makueni Senator Dan Maanzo also raised the contempt issue, seeking to have the DPP, alongside others, address the alleged non-compliance.
The magistrate cautioned that the officials could not be cited for contempt without first being allowed to respond.
The prosecution opposed the contempt application, arguing that the DPP had not been served with one of the High Court orders relied upon by the defence.
The DPP's lawyers also argued that another High Court matter named the DCI Bondo office as the respondent and that the DPP was not a party to that case.
They further submitted that the High Court order requiring Kaguchia to be produced and arraigned before the nearest court had been complied with because he had been presented before the Milimani court.
The prosecution maintained that there was nothing preventing the DPP from proceeding with the plea before the magistrate and asked the defence to provide proof that the contempt proceedings had been served on the DPP.
The defence maintained that the orders had been served and urged the court to require the relevant authorities to explain the alleged non-compliance.
After a short recess, Kaguchia was briefly unaccounted for before returning to the courtroom and apologising for his absence.
The case will return on Wednesday, August 5, 2026, for directions on plea-taking.
