Mukurweini MP Freed After Court Explains Why Earlier High Court Bail Orders Were Not Applicable

Mukurweini Member of Parliament John Kaguchia was released on Tuesday, August 4, after a Milimani court explained why it could not apply bail terms that had earlier been granted by the High Court before criminal charges were filed against him.

Senior Principal Magistrate Teresiah Nyangena ruled that the previous High Court order, which allowed Kaguchia to be released on a cash bail of Ksh100,000 while he was in police custody, only covered the period before he was formally charged.

The magistrate stated that once the MP appeared before the trial court and criminal proceedings officially began, it became the responsibility of that court to determine fresh bail terms based on the circumstances of the case.

Kaguchia was arraigned at the Milimani Law Courts over allegations of engaging in offensive conduct likely to cause a breach of peace following remarks he allegedly made during a political rally held in Nyeri County on Saturday, August 1.

During the court session, the MP's legal team challenged the case, arguing that the court lacked jurisdiction to hear it. They also claimed the charge sheet was defective and did not disclose an offence recognized under Kenyan law.

The prosecution charged Kaguchia under Section 94(1) of the Penal Code, accusing him of making statements in Kikuyu at Naromoru Shopping Centre in Kieni East, Nyeri County, that were intended to provoke a breach of peace.

According to prosecutors, the MP allegedly told residents that anyone from Kieni who voted for or supported "Kasongo" would be identified and isolated by the community. 

He reportedly said they would not receive visits during bereavement, their dowry ceremonies would be boycotted, and if they became sick, they should seek treatment in Sugoi.

The defence further argued that Kaguchia had been denied timely access to his lawyers and that authorities had failed to comply with earlier High Court directives requiring them to reveal his place of detention, allow his advocates access to him, and release him on a cash bail of Ksh100,000.

However, the Office of the Director of Public Prosecutions denied ignoring the court orders, telling the magistrate that it had not been served with one of the High Court directives and therefore could not be accused of disobeying it.

Kaguchia's lawyers requested the court to release him while the preliminary objections were being considered, insisting that he was not a flight risk and would attend all future court sessions.

The defence also informed the court that Nyandarua Senator John Methu was prepared to guarantee the MP's attendance whenever required. The prosecution did not object to the request.

In her ruling, Magistrate Nyangena maintained that the earlier High Court orders only applied before Kaguchia was charged and could not automatically determine bail after the criminal case had commenced.

The court eventually released the legislator on a bond of Ksh1 million or an alternative cash bail of Ksh250,000. The case is scheduled to continue on Wednesday, August 5.