Naivasha Member of Parliament Jayne Kihara has been released on a personal bond of Sh50,000 after being charged with offensive conduct intended to provoke a breach of peace, contrary to Section 94 of the Penal Code.
According to the charge sheet, Kihara allegedly made utterances deemed likely to incite public disorder.
However, her legal team, led by Senior Counsel Kalonzo Musyoka, requested the court to defer the plea taking, arguing that the charge sheet was defective and lacked particulars sufficient to constitute an offence.
“The particulars of the offence do not indicate any abusive, threatening, or insulting words that could provoke a breach of peace.
Speech alone is not conduct,” defense counsel Wanjohi submitted, maintaining that the case infringes on Kihara’s constitutional right to freedom of expression.
Musyoka, who was present in court alongside former Attorney General Justin Muturi, termed the case politically motivated and an abuse of judicial process.
The defense further drew parallels with a previous case involving Rose Njeri, who had faced similar incitement charges but was acquitted, arguing that the same legal principles apply.
However, the prosecution, led by JV Owiti, opposed the request to defer plea-taking, asserting that the magistrate had jurisdiction to interpret the constitution and proceed with the matter.
“The charge sheet clearly outlines the offence. Its validity can only be tested during trial, once witnesses are called. The prosecution cannot prove its case before a plea is taken,” Owiti argued.
In response, the defense emphasized that their objection was not about the evidence but about the legal sufficiency of the charge sheet itself.
Magistrate Ben Mark Ekhubi deferred his ruling on the defense application to July 29, when he will decide whether Kihara will take plea or not. The court ordered Kihara’s release on a personal bond, noting that neither side opposed the application.
Written by Were Kelly
