In conclusion, Njiru urged the court to consider Articles 19, 21, 27, and 33 of the Constitution, as well as Section 89 of the Criminal Procedure Code, in deciding whether to proceed with the case.
The prosecution, through State Counsel Victor Owiti, firmly opposed the defence's request to halt the prosecution of the lawmaker, asserting that the case had merit and should proceed to a full hearing.
Owiti maintained that the charge against the MP, 'offensive conduct conducive to a breach of the peace', was properly framed under Section 94(1) of the Penal Code and that the court had no grounds to dismiss it at the preliminary stage.
While acknowledging that the alleged offence is classified as a misdemeanor, Owiti argued that this did not invalidate the charge or warrant its dismissal.
He noted that the law remains enforceable unless declared unconstitutional or repealed by Parliament, and insisted that the prosecution had followed due process in bringing the charge before the court.
However, Owiti clarified that the prosecution did not object to the MP being released on bond, in light of the offence's non-capital nature and the absence of compelling reasons to deny bail.
"We were not going to oppose bail if plea was taken," he said, adding that the accused had not demonstrated sufficient legal grounds to block the proceedings.
The case will be mentioned on July 29, when the court is expected to rule on whether MP Kihara will plead to the charges.