Naivasha MP Jayne Kihara Released on KSh 50,000 Bond over Incitement Case
- Naivasha MP Jayne Kihara was freed on a KSh 50,000 personal bond after facing incitement charges tied to remarks she allegedly made in early July
- Her dramatic arrest at home by a heavily armed 30-officer convoy raised eyebrows, as the case stems from words allegedly said to threaten public order
- Kalonzo Musyoka and Justin Muturi accompanied her to the Milimani courts, condemning the arrest as a misuse of state power over a minor offence
- Prosecutors insisted the case must proceed, describing what dropping charges too early could lead to
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Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Naivasha MP Jayne Kihara has been released on a personal bond of KSh 50,000 at the Milimani Law Courts.
Source: Original
The lawmaker was presented before the court on Friday, July 18, after being arrested by the Directorate of Criminal Investigations (DCI) for failing to present herself to detectives following allegations of incitement and undermining a public officer.
Kihara was accompanied by opposition leaders, former National Assembly speaker Justin Muturi and former vice president Senior Counsel Kalonzo Musyoka.
According to the charge sheet, the MP is accused of having, on the 8th day of July 2025, uttered words with the intent to provoke a breach of peace.
The charges, opposed by the defence team led by Kalonzo and lawyer Ndengwa Njiru, argued that no clear offensive conduct had been identified.
The Wiper leader, speaking on behalf of the defence, narrated how the MP was dramatically arrested at her home by heavily armed officers.
"She was escorted by a convoy of approximately 30 officers, two Land Cruisers and the famous Subaru only to be presented before you this morning, charged with a misdemeanour," he stated.
He further explained that he spoke to the lawmaker at DCI headquarters following her detention.
As a senior counsel, Kalonzo said he believed that, based on what the MP told him, there was no need to use public resources to bring her to court for a misdemeanour.
"I tried to talk to the deputy DCI, who told me he would look into that matter. I believe if they have properly applied their mind, she should not be before you. At your own service," Kalonzo concluded.
How did the state defend charges against Jayne Kihara?
On the prosecution side, lawyer Owiti rejected the defence’s application, stating that it must fall on the grounds of common sense.
Owiti warned the court that accepting the defence’s approach could set a dangerous precedent, where trial-like proceedings would be required during preliminary applications to reject charges.
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He explained that this would effectively force the prosecution to prove every element of a case before an accused person is even allowed to take a plea.
"The danger of the practice that the defence is inviting this court and what your brother did, is that we shall have many trials during applications for rejection of charges. We will have to prove each and every element to the court before a suspect can plead. We are saying there was threatening material," Owiti stated.
He also added that the prosecution will now need to prove the particulars before the plea. The ruling is scheduled to be delivered on July 29, 2025.
How was Kihara arrested?
As earlier reported, Kihara was arrested at her Maraigushu home on Thursday, July 17, for ignoring a DCI summons tied to alleged incitement under Section 132 of the Penal Code.
DCI officers, some from the Anti‑Terror Unit, conducted a forceful raid, ramping up political tensions, before taking her to Naivasha Police Station and then transferring her to Nairobi for questioning.
Kihara, a vocal critic of President William Ruto and ally of Rigathi Gachagua, rejected the charges, arguing the law cited was declared unconstitutional in 2016.
Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
