Naivasha MP Jayne Kihara is expected back in court today for directions in a case where the state seeks to charge her with offensive conduct.
Kihara was arrested on July 17 in Naivasha and arraigned at the Milimani Law Courts the next day. However, she did not plead to the charges after her legal team, led by Wiper leader Kalonzo Musyoka, argued the charge sheet was defective.
Magistrate Ben Mark Ekhubi later ruled on July 29 that the charge sheet met legal requirements, paving the way for plea-taking. But her lawyers requested more time to seek redress at the High Court, leading to a further deferment.
On August 5, Justice Chacha Mwita issued orders barring the Director of Public Prosecutions from proceeding with the incitement case, citing violations of Kihara’s rights and freedom of speech.
The charge stems from a rally she addressed in Mai Mahiu, where the state alleges her remarks amounted to offensive conduct likely to breach the peace under Section 94(1) of the Penal Code. Her defence maintains the case is politically motivated.
Magistrate Ekhubi is expected to issue further directions today.