A Milimani court on Tuesday, August 4, explained why it declined to release Mukurweini MP John Kaguchia on the same bail terms earlier issued by a Kiambu court, even as the legislator secured his release after nearly 48 hours in custody.

🇰🇪 Breaking It Down

On Tuesday, Senior Principal Magistrate Teresiah Nyangena held that while the High Court had ordered Kaguchia's release on a cash bail of Ksh100,000 during his detention, that order was issued before criminal proceedings had commenced.

According to the magistrate, once the legislator was presented before the trial court and formally faced criminal charges, the question of bail fell within the jurisdiction of the court handling the case, requiring a fresh determination based on the new circumstances.

The ruling came after Kaguchia was arraigned at the Milimani Law Courts over alleged offensive conduct conducive to a breach of the peace but did not take a plea after his lawyers challenged the legality of the proceedings.

📌 What You Need to Know

Instead, the defence raised preliminary objections, arguing that the court lacked jurisdiction to hear the matter and that the charge sheet was defective and failed to disclose an offence known in law.

Kaguchia had been expected to answer to a charge of offensive conduct conducive to a breach of the peace contrary to Section 94(1) of the Penal Code.

According to the charge sheet, prosecutors allege that on August 1, 2026, at Naromoru Shopping Centre in Kieni East, Nyeri County, the MP uttered words in Kikuyu intended to provoke a breach of the peace.

The prosecution claims Kaguchia told members of the public that anyone in Kieni who voted for or supported "Kasongo" would be identified and socially isolated, would not be visited during bereavement, their dowry ceremonies would be boycotted and, if they fell ill, they should seek treatment in Sugoi.

His lawyers further argued that he had been denied prompt access to legal counsel and that authorities had failed to comply with earlier High Court orders directing that his place of detention be disclosed, that he be granted access to his advocates and that he be released on a cash bail of Ksh100,000.

The Office of the Director of Public Prosecutions opposed claims that it had defied the court orders, telling the magistrate it had not been served with one of the High Court directives and therefore could not be held in contempt.

📰 Source: Kenyans.co.ke