By Were Kelly
A Nairobi court has directed Naivasha MP Jayne Kihara to plead to charges of offensive conduct likely to cause a breach of peace, contrary to Section 94(1) of the Penal Code.
Kihara is accused of making inflammatory remarks during a public gathering in Nairobi on July 8, 2025, allegedly with the intent to provoke violence.
Delivering the ruling, Magistrate Ben Mark Ekubi said the charge sheet met the constitutional threshold.
“Having considered the submissions, I am satisfied that the Director of Public Prosecutions (DPP) has met the requirements for framing a charge. I therefore order the accused to plead to the charges,” Ekubi stated.
Kihara’s legal team, led by Senior Counsel Kalonzo Musyoka and lawyer Ndegwa Njiru, opposed the plea-taking and requested 14 days to file a constitutional petition. They argued that the charges were politically driven, vague, and infringed on her freedom of expression under Article 33 of the Constitution.
Musyoka cited instances where other legislators made more provocative statements without facing charges and questioned the selective prosecution.
“This charge sheet does not disclose any offence,” he said. “Other MPs have issued far more controversial remarks, including threats during the Saba Saba protests—yet they remain untouched.”
However, State Counsel Victor Owiti maintained that freedom of expression has limits.
“Article 33 does not protect hate speech or incitement to violence,” he argued. “The charge before this court is well within those constitutional limitations.”
Kihara was arrested in Naivasha on July 17 by over 30 officers and transferred to Nairobi, where she was later released on a Sh50,000 personal bond. The bond was extended pending a ruling on the defense application set for August 7, 2025.
