NAIROBI, Kenya – Naivasha MP Jayne Kihara was released on Friday on a personal bond of KSh50,000 after appearing before the Milimani Law Courts over alleged incitement-related charges stemming from remarks made at a recent political rally.
The legislator did not take a plea after her legal team challenged the validity of the charges, prompting Magistrate Ben Mark Ekhubi to defer the plea-taking until July 29, when he will rule on whether the charges meet the legal threshold required to proceed.
Kihara was arrested on Thursday during a dramatic police operation at her Maraigushu home in Naivasha, an incident that was live-streamed on her Facebook page.
The arrest sparked political attention, with Wiper Party leader Kalonzo Musyoka and former Attorney General Justin Muturi attending Friday’s court session in her support.
Defence: Charges Are “Politically Motivated”
Leading the defence, Senior Counsel Kalonzo Musyoka described the case as politically charged and a blatant violation of Kihara’s constitutional rights.
“The particulars of the offence do not indicate any offensive conduct. There are no abusive, threatening, or insulting words that would amount to provoking a breach of peace,” argued defence lawyer Wanjohi. “Speech alone is not conduct.”
He added that prosecuting the MP under such vague accusations would set a dangerous precedent for free speech in Kenya.
The defence further drew comparisons to the recent acquittal of Rose Njeri in a similar incitement case, arguing that the state was applying the law inconsistently.
Prosecution Insists Trial Must Proceed
The Prosecution, led by JV Owiti, opposed the application to defer plea-taking, asserting that the court had full jurisdiction to interpret the Constitution and that the charge sheet was properly framed.
“The validity of the case can only be tested once witnesses are brought during trial. The prosecution cannot prove its case before a plea is taken,” Owiti said.
The state, however, did not object to Kihara’s release on bond.
After hearing arguments from both sides, Magistrate Ekhubi said he would deliver his ruling on July 29 at 11 a.m., determining whether Kihara will be required to answer to the charges.
Until then, the MP remains free on a KSh50,000 personal bond.
