High Court temporarily blocks MP Kihara’s plea taking
By Zipporah Ngwatu, August 5, 2025A Nairobi High Court has suspended the criminal case against Naivasha Member of Parliament (MP) Jayne Kihara until September 16, 2025, pending a petition challenging the legality of the charges.
Issuing the conservatory order, Justice Chacha Mwita has stated that the notice of motion and petition filed by MP Kihara raise constitutional and legal questions.
“Upon considering the pleadings and supporting documents, I am satisfied that the petition raises sufficient constitutional and legal questions which require consideration by the court,” Judge Mwita ruled.
“That a conservatory order is hereby issued suspending proceedings in Milimani Criminal Case No. E382 of 2025 – Republic vs Jayne Wanjiru Kihara until September 16, 2025,” Judge Mwita ordered.
The legislator was expected to take a plea on Thursday, August 7, 2025.
This was after a Milimani Magistrate Court ruled that the criminal charges preferred against MP Kihara disclose an offence and are properly drafted.
On July 29, 2025, Milimani Senior Principal Magistrate Benmark Ekhubi ordered the legislator to take a plea on charges of offensive conduct contrary to Section 94(1) of the Penal Code Cap 63 Laws of Kenya.
Dismissed preliminary objections
Further, the magistrate dismissed preliminary objections raised by the legislator’s legal team, which sought to block her from taking a plea.
“I find the requirements of a properly draughted charge sheet have been met by the State. I also find, on the face of the charge sheet, I am of the view that the MP will be able to fathom and adequately discern and be able to prepare for her defence,” Magistrate Ekhubi ruled.
However, he deferred the plea-taking against MP Kihara to give her time to file a constitutional petition challenging her prosecution.
On July 18, 2025, MP Kihara’s defence team, led by Senior Counsel Kalonzo Musyoka and lawyer Ndegwa Njiru, objected to her taking a plea, 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.
Further, he told the court that the DPP charge over MP Kihara does not disclose any offence she has committed.
“That if she were to plead to this offence while she does not even understand what offence is actually facing her, because even if we were to make an assumption for the purpose of argument that Section 94(1) is in conformity with the 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 speak to that offence.
“We therefore submit that the particulars pleaded herein do not speak to the purported offence; these particulars fall within the provision of Article 33 of the Constitution, the freedom of expression,” the defence 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.
The defence 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 defence application for rejection of the charge on the legislator.
However, Counsel Owiti agreed with the defence team’s argument that the charge against MP Kihara is a misdemeanour.
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 defence team that this offence is a misdemeanour, and I salute you, sir, because it came out towards the end that because it is a misdemeanour, it will be illegal to hold the suspect,” State Counsel Owiti submitted.
Magistrate Ekhubi released the Naivasha MP on a personal bond of Ksh50,000.
Judge Mwita will issue directions on the matter on September 16, 2025.