High Court halts MP Kihara's prosecution over offensive conduct charges

Naivasha MP Jayne Kihara at a KEWOPA-HENNET meeting on April 4, 2025, where concerns were raised over delays in Kenya's GAVI co-financing obligations. [Standard, Kanyiri Wahito] Naivasha Member of Parliament Jayne Kihara has secured temporary relief from criminal prosecution after the High Court suspended proceedings against her in a case involving allegations of offensive conduct. This is after Justice Chacha Mwita on Monday issued a conservatory order barring the continuation of the case pending the determination of a constitutional petition filed by the legislator. Kihara was scheduled to take a plea this Thursday in Milimani Criminal Case No. E382 of 2025, filed by the DPP over allegations of uttering offensive words. "A conservatory order is hereby issued suspending proceedings in Milimani Criminal Case Number E382 of 2025, Republic versus MP Jayne Njeri Wanjiru Kihara, until September 16, 2025," ruled Justice Mwita. The judge directed the Director of Public Prosecutions (DPP) to respond to Kihara's petition within seven days. Additionally, all involved parties, including the MP, the DPP, and the Directorate of Criminal Investigations (DCI), were instructed to file written submissions, not exceeding 10 pages, before the September 16 hearing. The court orders followed a petition filed by Kihara seeking to quash what she termed an unlawful and politically motivated prosecution. The MP is facing charges under Section 94(1) of the Penal Code for allegedly engaging in conduct likely to provoke a breach of peace during a public event held in Nairobi on July 8, 2025. Kihara's legal woes began after Milimani Senior Principal Magistrate Benmark Ekhubi on upheld the DPP's decision to charge her. In a ruling delivered last week, Ekhubi declared that the charge sheet met legal standards and that the prosecution had acted within the law. "I find the requirements of a properly drafted charge sheet have been mounted by the State," said Magistrate Ekhubi. "I also find, on the face of the charge sheet, that the MP will be able to fathom, adequately discern, and prepare for her defence." The magistrate dismissed preliminary objections raised by Kihara's legal team, which had argued that the charges were vague, outdated, and infringed on the MP's constitutional rights. Led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru, Kihara's defence maintained that Section 94(1) is obsolete and does not define a clear offence. "We urge you not to have the MP plead to the charges as we believe her prosecution is pure political persecution," Kalonzo argued. "The charges before you are based on a section that is non-existent in law. It is a witch-hunt." Njiru added: "Your Honour, freedom of expression is expressly provided for under the Constitution. The charges that have been brought against MP Kihara don't disclose an offence." However, the prosecution defended its position, insisting that the Penal Code section remains valid and that Kihara's alleged conduct meets the threshold for criminality. Following the magistrate's ruling, Kihara's lawyers requested a 14-day suspension of the plea-taking to allow them to move to the High Court. However, State Prosecutor opposed the application, asserting that entering a plea would not prevent the MP from seeking constitutional redress. "The plea taking is not a bar to seeking constitutional interpretation at the High Court. We oppose the application for deferment of plea and urge the court to order she to plead to the charges," the Prosecution submitted. Ultimately, the magistrate deferred the plea-taking to August 7, 2025, granting Kihara time to file her constitutional petition where High Court has now suspended the entire process pending determination of the validity of the charges.

High Court halts MP Kihara's prosecution over offensive conduct charges

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High Court halts MP Kihara's prosecution over offensive conduct charges

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