Court extends orders barring MP Jayne Kihara's prosecution to March next year

Naivasha MP Jayne Kihara has secured extended relief from criminal prosecution after the High Court prolonged orders suspending her trial until March 10, 2026.

Justice Chacha Mwita yesterday ordered that criminal proceedings against MP Kihara remain suspended pending the hearing of his constitutional petition.

“The interim orders granted herein issued suspending proceedings in Milimani Criminal Case Number E382 of 2025, Republic versus MP Jayne Njeri Wanjiru Kihara are extended pending hearing and determination of this petition,” said Justice Mwita. 

He noted that both the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) had confirmed they do not oppose extending the interim orders for Kihara.

The court directives follow a petition in which Kihara seeks to quash what she describes as an unlawful and politically motivated prosecution.

She 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 in Nairobi on July 8, 2025.

Kihara had been scheduled to take plea in August, but her lawyers moved to the High Court after Milimani Senior Principal Magistrate Benmark Ekhubi upheld the DPP’s decision to charge her.

Led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru, Kihara’s lawyers argued that Section 94(1) is obsolete and fails to define a clear offence.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 submitted. “The charges before you are based on a section that is non-existent in law. It is a witch-hunt.”