MP Jayne Kihara released on a personal bond of Ksh50K
By Zipporah Ngwatu, July 18, 2025A Nairobi court has released the Naivasha Member of Parliament (MP) Jayne Kihara on a personal bond of Ksh50,000.
Milimani Principal Magistrate Benmark Ekhubi released the legislator on Friday, July 18, 2025, after the prosecution said that they had no objection to her release on bond.
The Directorate of Public Prosecution (DPP) wants to charge the Naivasha MP, citing that she altered words that are offensive conduct conducive to breach of the peace, contrary to Section 94(1) of the Penal Code Cap 63 Laws of Kenya.
According to the charge sheet, MP Kihara is said to have altered the offensive words during a public rally in Nairobi County on July 8, 2025, with the intent to provoke a breach of peace.
However, defense team led by Senior Counsel Kalonzo Musyoka and lawyer Ndegwa Njiru objected to the taking of a plea by the legislator, citing that it is unconstitutional.
Lawyer Njiru urged the court not to allow the Naivasha MP to plead to the charge, stating that it does not conform to the dictates of Section seven of the new Constitution.
No offense
Further, he told the court that the DPP’s charge over MP Kihara does not disclose any offense she has committed.
“That if she was to plead to this offense while she does not even understand what offense is actually facing her, because even if we were to make an assumption for the purpose of argument that Section 94(1) that is was in conformity with Constitution,” lawyer Njiru submitted to court.
Additionally, he stated that the charge against her of offensive conduct conducive to breach of peace must be backed by particulars that speaks to that offense.
“We therefore submit that the particulars pleaded herein do not speak to the purported offense, these particulars falls within the provision of Article 33 of the Constitution, the freedom of expression,” the defense team submitted.
“To admit this charge, therefore, your honour, this court will be rising up to the occasion of limiting her rights, and the limitations of this right, your honour under Article 24 the court has created a test that it must be justifiable in a free, open, democratic, and civilised society,” lawyer Njiru stated.
Notably, they stated that the offense that the DPP wants to charge the Naivasha MP with is a misdemeanor, and it will be illegal to detain her in custody.
The defense team urged the court to reject the charge and release MP Kihara on a reasonable personal bond.
Meanwhile, the DPP, led by State Counsel Victor Owiti, vehemently opposed the defense application for rejection of the charge against the legislator.
However, Counsel Owiti agreed with the defense team’s argument that the charge against MP Kihara is a misdemeanor.
The prosecution also informed the court that they were not opposing the release of the MP on bond.
“We were not going to oppose bail if a plea was taken and we agree with the argument of the defense team that this offense is a misdemeanor, and I salute you sir, because that came out towards the end that because it is a misdemeanor, it will be illegal to hold the suspect,” State Counsel Owiti submitted.
Magistrate Ekhubi said that he will rule on whether the MP will plead to the charge.