MP Kaguchia freed on Ksh.250K cash bail in offensive conduct case

Mukurweini Member of Parliament John Kaguchia has been released on a cash bail of Ksh.250,000 after being arraigned before the Milimani Law Courts over alleged offensive conduct conducive to a breach of the peace.

Appearing before Senior Principal Magistrate Teresiah Nyangena on Tuesday, Kaguchia did not take plea after his lawyers challenged the legality of the proceedings, arguing that the court lacked jurisdiction and that the charge sheet was defective.

The legislator had been expected to answer to a charge of offensive conduct conducive to breaches of peace contrary to Section 94(1) of the Penal Code.

According to the charge sheet, the prosecution alleges that on August 1, 2026, at Naromoru Shopping Centre in Kieni East, Nyeri County, Kaguchia knowingly uttered words in the Kikuyu language intended to provoke a breach of peace.

The prosecution claims he told members of the public that anyone in Kieni who voted for or supported "Kasongo" would be identified and socially isolated, would not be visited during bereavement, their dowry ceremonies would be boycotted and, if they fell ill, they should seek treatment in Sugoi.

Before plea could be taken, the defence objected to the proceedings, arguing that the charge sheet lacked sufficient particulars to sustain the offence.

The lawyers also told the court that Kaguchia had not been granted prompt access to his advocates and that authorities had failed to comply with High Court orders directing disclosure of his place of detention, access to counsel and his release on a cash bail of Ksh.100,000.

The prosecution opposed the application, stating that the Office of the Director of Public Prosecutions (ODPP) had not been served with one of the High Court orders and therefore could not be held in contempt. Prosecutors told the court they had since confirmed they had not been served.

The defence urged the court to release the MP pending the determination of the preliminary objections, arguing that he is an officer of the court and was not a flight risk.

They further informed the court that Nyandarua Senator John Methu was ready to produce him in court if required. The prosecution did not oppose the request for his release.

In her ruling, Magistrate Nyangena noted that although the High Court had earlier ordered Kaguchia's release, the circumstances before the magistrate's court were different because he was now facing formal criminal charges.

The court consequently released Kaguchia on a bond of Ksh.1 million or an alternative cash bail of Ksh.250,000.

The matter will be mentioned on Wednesday.