Court to determine fate of MP Kaguchia's plea on August 19

Milimani Senior Principal Magistrate Teresiah Nyangena reserved date  after hearing from both the prosecution and the defence on preliminary objections challenging the charge sheet and the court's jurisdiction.

The Office of the Director of Public Prosecutions (ODPP) urged the court to dismiss the objections, arguing that the charges are lawful and that any issues raised by the defence can only be determined during the trial.

The prosecution submitted that the DPP relied on evidence gathered by investigators and maintained that the validity of the charges should be tested during the hearing of the case.

On jurisdiction, the prosecution argued that although criminal cases are ordinarily heard where an offence is committed or where the parties reside or work, the present matter is exceptional because the accused is a sitting Member of Parliament and a State officer.

The prosecution told the court that hearing the case in Nairobi would protect witnesses from possible compromise, coercion or intimidation and ensure a fair trial. It further argued that the court is properly seized of the matter and that no prejudice would be suffered by the accused.

The prosecution also maintained that the charge sheet clearly discloses an offence and that any apparent errors, including the translation of the name "Kasongo" from Kikuyu to English, could be corrected through an amendment and should not prevent the taking of plea.

It further argued that the defence had not demonstrated any violation of Kaguchia's constitutional rights, including his right to legal representation, and that the objections raised did not deprive the court of jurisdiction.

In response, Kaguchia's lawyers insisted that the charge sheet is fundamentally defective and fails to disclose an offence. They argued that it does not identify the alleged victims or clearly state who the complainants are, thereby denying the accused sufficient information to prepare his defence.

The defence further submitted that the charge sheet does not comply with constitutional and statutory requirements under Section 134 of the Criminal Procedure Code, arguing that the particulars of the offence are vague, including references to "Kasongo," which they said remain unclear.

The lawyers also rejected the prosecution's argument that the MP's position justified hearing the matter in Nairobi, saying Kaguchia is entitled to equal treatment before the law like any other Kenyan and should not be presumed to wield political influence over witnesses.

They argued that requiring the case to proceed in Nairobi would prejudice the accused by compelling him to mount his defence outside his home jurisdiction and maintained that the defects in the charge sheet cannot be cured by amendment.

Magistrate Nyangena is expected to issue directions on August 19.