MP Jayne Kihara freed on Ksh.50,000 personal bond in incitement case

Naivasha Member of Parliament Jayne Kihara has been released on a bond of Ksh.50,000 pending determination of an incitement case.

Kihara, who was arrested on Thursday afternoon, was on Friday morning arraigned at the Milimani Law Courts to face charges of offensive conduct.

She was charged with breaching peace contrary to Section 94(1) of the Penal Code, Cap 63 Laws of Kenya for remarks she allegedly made on July 8 in Nairobi, about the youth-led protests.

According to the charge sheet, Kihara said goons had been deployed in government vehicles and that police did nothing to contain the goons.

The legislator was accused of mentioning the President’s name in her accusations, with what the prosecution said was intent to provoke breach of the peace.

Kihara’s lawyers however argued that the charges amount to political persecution.

“It is not suggested that she used any insulting, threatening, or offensive words or behaviour likely to cause a breach of the peace with intent to provoke such a breach. For an offence of this nature to stand, the words must fall within one of those three parameters — and what is before you does not meet any of them,” lawyer Ndegwa Njiru argued in court.

“Moreover, the charge sheet does not even disclose which public gathering it refers to, how many people were allegedly present, or the specific location. This makes the charge vague and untenable.”

Lawyer Wambugu Wanjohi added: “The State is using fire extinguishers to blow out a candle. There is no clear offensive conduct identified. If the President was mentioned by the accused, he is not listed among the witnesses is he the complainant? No particulars of the breach have been mentioned. Who was provoked? What specific act of disorder was caused or even threatened? The law does not criminalize the expression of political opinion.”