MP Kaguchia Released, Judge Explains Previous Court Order Snub
Milimani Law 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.
This is despite the legislator securing his release after nearly 48 hours in custody.
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 court, 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.
The court, therefore, required 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 for remarks he made during a rally in Nyeri on Saturday, August 1.
During the proceedings, Kaguchia’s defence raised 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 his 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.
Adding that they 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.
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The court also directed 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.
The defence nevertheless urged the court to release the MP pending the determination of the preliminary objections, maintaining that he was not a flight risk and would honour all court appearances.
The lawyers also informed the court that Nyandarua Senator John Methu was willing to ensure Kaguchia’s attendance whenever required, a request the prosecution did not oppose.
In her ruling, Magistrate Nyangena found that the High Court orders related to Kaguchia’s detention before he was charged and could not automatically govern the bail terms after the commencement of criminal proceedings.
The court consequently released the legislator on a bond of Ksh1 million or an alternative cash bail of Ksh250,000, with the matter set to proceed from Wednesday, August 5.
MP Kaguchia Released, Judge Explains Previous Court Order Snub
