Legal ForumExample Category: LSK Kajiado ForumNaivasha MP Jayne Kihara Charged …Post Reply

Post Reply: Naivasha MP Jayne Kihara Charged Over Saba Saba Remarks, Alleges State Orchestration

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 18, 2025, 12:14 pm</div><div id="pl-7039"  class="panel-layout" ><div id="pg-7039-0"  class="panel-grid panel-no-style" ><div id="pgc-7039-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7039-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
			class="so-widget-sow-editor so-widget-sow-editor-base"
			
		>
<div class="siteorigin-widget-tinymce textwidget">
	<p dir="ltr" data-pm-slice="0 0 []">Naivasha Member of Parliament Jayne Kihara appeared at the Milimani Law Courts in Nairobi to face charges of offensive conduct likely to breach the peace, stemming from remarks she allegedly made during the Saba Saba protests on July 8. The charges, brought under Section 94(1) of the Penal Code, relate to statements Kihara made at a public gathering, where she reportedly accused President William Ruto of orchestrating chaos by deploying unknown groups to Naivasha to disrupt the protests. Kihara, a vocal ally of former Deputy President Rigathi Gachagua, has claimed her prosecution is a politically motivated effort by the state to silence dissent.</p>
<p dir="ltr">Kihara’s legal troubles began earlier in the week when she was summoned by the Directorate of Criminal Investigations (DCI) to answer allegations of undermining the authority of a public officer, an offense cited under Section 132 of the Penal Code. The MP, however, refused to honor the summons, arguing through her legal team that the provision was declared unconstitutional in a 2016 High Court ruling. Her defiance led to a dramatic arrest on July 17 at her Maraigushu home in Naivasha, where DCI officers, backed by anti-riot police, stormed her residence. Kihara livestreamed the arrest on social media, drawing significant public attention as she was taken to Naivasha Police Station and later transferred to DCI headquarters in Nairobi for questioning.</p>
<p dir="ltr">Upon arriving at the Milimani Law Courts on Friday morning, Kihara’s arraignment was marked by confusion and procedural disputes. She was initially held in a vehicle in the court’s parking lot, prompting objections from her legal team, led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru. The lawyers argued that detaining her in a car rather than in court cells was irregular and demanded she be formally presented before a magistrate. After being briefly whisked away to an undisclosed location, Kihara was returned to the court around 10:20 AM, but her legal team continued to challenge the process, calling it a deliberate attempt to harass and intimidate the MP.</p>
<p dir="ltr">In court, Kihara’s defense team strongly opposed the charges, arguing that the charge sheet failed to disclose a valid offense and that the prosecution was a politically driven witch-hunt. Kalonzo Musyoka, a prominent opposition figure and leader of the Wiper Party, described the case as an assault on democratic freedoms, emphasizing that Kihara’s remarks were protected under Article 33 of the Kenyan Constitution, which guarantees freedom of expression. Advocate Njiru further contended that Section 94(1) of the Penal Code, under which Kihara was charged, was outdated and inconsistent with the 2010 Constitution, citing its enactment in 1930 as evidence of its irrelevance in modern Kenyan law. The defense urged Magistrate Benmark Ekhubi to dismiss the charges and release Kihara unconditionally, arguing that the prosecution violated her fundamental rights.</p>
<p dir="ltr">The state, represented by prosecutor Victor Owiti, pushed back against the defense’s objections, insisting that the charges were lawful and that Kihara’s remarks during the Saba Saba protests constituted incitement likely to provoke unrest. The prosecution’s case centers on Kihara’s alleged claim that President Ruto facilitated the transport of individuals to Naivasha to cause chaos during the protests, a statement the state argues was inflammatory and disruptive. The Saba Saba protests, commemorated annually on July 7, have historically been a platform for demanding political reforms, and this year’s demonstrations were particularly charged, coinciding with the one-year anniversary of the 2024 Gen Z-led anti-tax protests that rocked the country.</p>
<p dir="ltr">Kihara’s arrest and prosecution are part of a broader crackdown on allies of former Deputy President Rigathi Gachagua, who has faced increasing political pressure since his fallout with President Ruto. Several of Gachagua’s associates have been questioned, arrested, or charged in recent weeks over their alleged involvement in the Saba Saba and June 25 protests. Kihara herself has been a vocal critic of the Ruto administration, previously accusing the government of weaponizing state institutions to target political opponents. In May 2025, she claimed her security detail was withdrawn, leaving her vulnerable, and held the president responsible for any harm that might befall her.</p>
<p dir="ltr">The defense also raised concerns about the timing and manner of Kihara’s arrest, noting that the DCI provided inadequate notice for the initial summons and failed to clarify the specific remarks under investigation. Kihara has consistently denied allegations of inciting violence or organizing disruptive activities, maintaining that her actions are driven by a commitment to addressing national issues. During her livestreamed arrest, she appealed to her constituents in Naivasha to remain resilient, framing her ordeal as part of a larger struggle for Kenya’s future.</p>
<p dir="ltr">The court proceedings remain ongoing, with the magistrate yet to rule on the defense’s application to dismiss the charges. Outside the courtroom, Kihara’s supporters, alongside opposition figures, have rallied behind her, condemning the arrest as an attempt to suppress dissent within the Kenya Kwanza coalition and beyond. Political analysts have noted that the case reflects deepening tensions within the ruling coalition, particularly as Gachagua’s allies continue to challenge the government’s policies and leadership style.</p>
<p dir="ltr">As the case unfolds, it is likely to fuel further debate about the balance between freedom of expression and state authority in Kenya’s evolving political landscape. Kihara’s defiance, coupled with her legal team’s robust defense, underscores the contentious nature of her prosecution and its implications for democratic discourse in the country. The outcome of this case could set a significant precedent for how the judiciary handles politically charged cases involving freedom of speech and allegations of state overreach.</p>
</div>
</div></div></div></div></div></blockquote><br>

Cancel

Legal Forums

Post Reply: Naivasha MP Jayne Kihara Charged Over Saba Saba Remarks, Alleges State Orchestration

Recent Posts

Crisis at Kenyatta National Hospital: Senators Demand Action on Overcrowding and Security Failures

Court Orders Equal Pay for UHC Nurses Amid Absorption Plan