Charges against MP Kihara properly framed, court rules
National
By
Nancy Gitonga
| Jul 29, 2025
Naivasha MP Jayne Kihara has suffered a major blow after a Nairobi court ordered her to take a plea on charges of offensive conduct.
This is after Magistrate Benmark Ekhubi ruled that the charges against the legislator are legally sound and that the Director of Public Prosecutions (DPP) acted within the law in preferring the criminal case against her.
“I find the requirements of a properly drafted charge sheet have been mounted by the State,” said Ekhubi in his ruling. “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 added that the charge framed against Kihara discloses an offence in law and directed her to take plea as per the charge sheet presented before the court.
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Delivering his ruling Tuesday morning, Senior Principal Magistrate Benmark Ekhubi dismissed preliminary objections raised by Kihara’s legal team, which had sought to block her plea-taking on the grounds that the charges were defective and politically motivated.
The ruling comes two weeks after Kihara’s lawyers, led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru, objected to her taking a plea, claiming the charge brought under Section 94(1) of the Penal Code was vague, outdated, and unconstitutional.
“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.”
Ndegwa 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.”
According to the charge sheet, the DPP intends to charge the legislator under Section 94(1) of the Penal Code, Cap 63, for offensive conduct conducive to a breach of the peace.
The MP is accused of offensive conduct likely to provoke a breach of peace, allegedly committed during a public function in Nairobi on July 8, 2025.
In court, the Directorate of Public Prosecutions (DPP) defended the decision to charge Kihara, insisting the law remains in force and the conduct in question is criminal.
Kihara’s legal team has maintained that the section under which she is charged is outdated and legally defunct.
After the court delivered its decision, Kihara's lawyers urged the court to stay the decision for 14 days to allow them to file a constitutional petition at the High Court seeking an interpretation of the charge.
However, the State Prosecutor opposed the application, insisting that taking a plea would not prevent the MP from pursuing remedies at the High Court.
“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,” Ogoti submitted.
The magistrate, however, deferred the plea-taking against MP Kihara until Thursday, August 7, 2025, to enable her to file a constitutional petition challenging her prosecution.