MP John Kaguchia in court/LEAH MUKANGAI The Milimani Law Court in Nairobi will on August 19 give directions on a jurisdiction challenge raised by Mukurweini MP John Kaguchia in a case over alleged offensive conduct.
The matter was mentioned on Wednesday after the defence and prosecution presented arguments on whether the case, arising from an alleged incident in Nyeri, should be heard at the Milimani Law Courts in Nairobi.
Kaguchia’s defence team questioned why the case had been brought to Nairobi, arguing that the alleged offence occurred at Naromoru Shopping Centre in Kieni East, Nyeri.
The lawyers urged the court to consider whether Milimani had the jurisdiction to hear the matter.
"This is a classic case of forum shopping, and I urge the Court to decline the invitation to try a matter not seized of requisite jurisdiction," his lawyers submitted.
The defence further argued that Kaguchia represents constituents in Nyeri and spends only limited time in Nairobi while Parliament is in session.
They further pointed out that the Office of the Director of Public Prosecutions has offices in both Nairobi and Nyeri, challenging the argument that the case had to be handled in the capital.
One of the lawyers argued that there should be a clear basis for bringing a criminal case to a court outside the area where the alleged offence occurred.
“Any justification to transfer a case must be supported by an affidavit of evidence,” the lawyer told the court.
The defence further cautioned against allowing criminal cases to be moved between courts without sufficient justification.
The lawyers consequently asked the court to decline jurisdiction over the case and have it dealt with in Nyeri.
The jurisdiction challenge was raised alongside objections to the charge sheet, which the defence has described as defective.
Kaguchia is facing a charge of offensive conduct conducive to breaches of the peace under Section 94(1) of the Penal Code.
According to the charge sheet, the alleged offence occurred on August 1, 2026, at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County.
He is accused of knowingly and intentionally uttering words in the Kikuyu language that were allegedly intended to provoke a breach of the peace.
The defence has also questioned whether the charge sheet provides sufficient particulars to enable Kaguchia to understand the allegation and enter a plea.
The prosecution, however, opposed the defence objections and maintained that the case was properly before the Milimani court.
Prosecutors urged the court to allow Kaguchia to take his plea, arguing that the charge sheet had been supplied to the defence in good time and disclosed what the MP was accused of.
They maintained that there was no illegality or miscarriage of justice demonstrated and argued that any factual issues raised by the defence should be addressed during the trial.
“When facts are raised, it’s at the trial. We request you allow plea be taken,” the prosecution submitted.
The prosecution also maintained that the concerns raised by the defence did not prevent the court from proceeding with plea taking.
The competing arguments came as the court considered the next step in the case, with Kaguchia yet to take a plea to the charge.
The court concluded hearing submissions on the issues raised and set August 19 for directions.
The directions will provide clarity on how the court intends to proceed with the jurisdiction challenge and the other objections raised by Kaguchia’s lawyers.
