The political landscape in Kenya continues to be marked by escalating tensions, with the dramatic arrest and subsequent arraignment of Naivasha Member of Parliament (MP) Jayne Kihara serving as the latest flashpoint. The legislator, taken into custody on Thursday from her Nakuru home, spent a night in police custody before appearing at the Milimani Law Courts, ultimately being freed on a Ksh. 50,000 personal bond amidst strong accusations of political persecution.
The Arrest: A Public Spectacle at Her Home
The events leading to MP Kihara's detention unfolded dramatically on Thursday afternoon. A significant contingent of law enforcement officers, comprising both plain-clothes detectives and uniformed police, descended upon her residence in Nakuru County. The entire scene was notably captured and streamed live on her Facebook page, turning a private arrest into a public spectacle.
Kihara was seen being escorted into an SUV by the officers, initially transported to Naivasha Police Station where she was expected to record a statement. From there, her journey continued to the Directorate of Criminal Investigations (DCI) headquarters on Kiambu Road in Nairobi, before she was eventually ferried to Pangani Police Station, where she reportedly spent the night in custody.
This arrest came just days after the MP had reportedly failed to honor DCI summons. A notice from Assistant Inspector General George Lenny Kisaka had directed her to appear at the DCI headquarters on Monday, presumably concerning remarks she had allegedly made, which were deemed to undermine the authority of a senior public official.
The Charges: Accusations of Incitement and Political Provocation
Upon her arraignment at the Milimani Law Courts on Friday, the specific charges against MP Jayne Kihara were revealed: incitement with intent to provoke a breach of the peace, contrary to Section 94(1) of the Penal Code, Cap 63 Laws of Kenya.
The charge sheet meticulously quoted remarks allegedly made by the lawmaker on July 8, 2025, in Nairobi, directly linking them to the recent youth-led Saba Saba protests. In these comments, Kihara is accused of having pointedly claimed that President William Ruto orchestrated the chaos witnessed in Naivasha during the demonstrations. She allegedly stated that "goons were transported to Naivasha in an NYS bus and dropped off at Karagita," and that "other rioters were dropped off in trucks in Mai Mahiu."
The charge sheet further elaborated on her accusations, citing her as saying, "I want to talk about Naivasha because I know those goons were transported in NYS bus, in a place called Karagita these people nobody knew them, as I condole with the bereaved and also empathize with those properties who were destructed, I want to tell President Ruto this is not a war you can win unless you want to destroy this country."
Additionally, Kihara was quoted for allegedly asserting that "police are not doing anything, they didn't try to arrest the goons, we could see in the place goons walking with them, so it is not anything that is going to end, we as Kenyans are prepared to prepare our country so that we cannot be drowned by one single person because you think you are so powerful, yet you have the power which we gave you, you cannot use it to destroy us and the country." The prosecution contended that these remarks, specifically mentioning the President, were intended to provoke a breach of the peace.
Courtroom Drama: Legal Arguments and Release on Bail
The Friday morning court appearance was not without its own dramatic moments. Her legal team, led by seasoned lawyers Ndegwa Njiru and Wambugu Wanjohi, vociferously labeling them as "inconsequential" and amounting to "political persecution."
Lawyer Njiru famously remarked that such charges are "typically used against drunk men in the village and not a Member of Parliament serving her third term," highlighting what they perceived as the triviality and political motivation behind the case. He argued that the charges failed to meet the legal threshold for "offensive conduct," as they did not suggest she used "any insulting, threatening, or offensive words or behaviour likely to cause a breach of the peace." Furthermore, the defense pointed out the vagueness of the charge sheet, which allegedly failed to disclose details such as the specific public gathering, the number of people present, or the precise location of the alleged remarks.
Echoing these sentiments, lawyer Wambugu Wanjohi added, "The State is using fire extinguishers to blow out a candle. There is no clear offensive conduct identified." He firmly stated that the law does not criminalize the expression of political opinion and questioned the absence of the President as a complainant or witness, despite being mentioned in the accusations.
Despite the prosecution's opposition to her release, the court ultimately granted Naivasha MP Jayne Kihara a personal bond of Ksh. 50,000. She did not take a plea, as the court opted to defer a ruling on whether the charges meet the legal threshold. The matter is now scheduled for mention on July 29, 2025, when the court will determine if she will be required to formally enter a plea.
The arraignment was attended by a host of political figures, including Wiper Leader Kalonzo Musyoka, who arrived to show solidarity with the embattled legislator, further underscoring the political undertones of her arrest and the ongoing legal battle. This incident continues to fuel the debate on freedom of expression, political dissent, and the state's use of legal processes against its critics in Kenya.
What is your take on the charges against Naivasha MP Jayne Kihara and her subsequent release on bail? Do you believe this case represents political persecution? Share your thoughts below.
