A bid by Mukurweini MP John Kaguchia to challenge the legality of criminal proceedings against him on Tuesday delayed his plea at the Milimani Law Courts, with the court ordering his release on a cash bail of Sh250,000 pending the next appearance.
Kaguchia appeared before Senior Principal Magistrate Teresiah Nyangena to answer a charge of offensive conduct conducive to a breach of the peace.
However, the proceedings were halted after his lawyers questioned the court’s jurisdiction and argued that the charge sheet was defective and did not contain enough details to support the offence.
The charge before the court is based on Section 94(1) of the Penal Code.
Court documents state that on August 1, 2026, at Naromoru Shopping Centre in Kieni East, Nyeri County, Kaguchia allegedly uttered words in the Kikuyu language that were intended to provoke a breach of the peace.
The prosecution claims he told members of the public that anyone in Kieni who voted for or supported “Kasongo” would be identified and socially isolated, would not be visited during bereavement, their dowry ceremonies would be boycotted and, if they fell ill, they should seek treatment in Sugoi.
As the court prepared to take his plea, the defence raised further objections, saying Kaguchia had not been given prompt access to his lawyers.
They also argued that authorities had failed to comply with High Court orders requiring them to disclose where he was being held, allow him access to legal counsel and release him on a cash bail of Sh100,000.
The prosecution responded that the Office of the Director of Public Prosecutions could not be accused of disobeying the High Court because it had not been served with one of the orders. Prosecutors told the court they had confirmed the order had not reached the office.
The defence asked the court to release the MP as it considered the preliminary objections, saying he was not a flight risk.
The lawyers added that Nyandarua Senator John Methu was ready to produce Kaguchia in court whenever required. The prosecution did not object to the request.
She released the MP on a bond of Sh1 million or an alternative cash bail of Sh250,000 and directed that the matter be mentioned on Wednesday.