Prosecution of Member of Parliament Jayne Kihara delayed; court orders extension until March of next year
Suspension of Proceedings in MP Jayne Kihara's Case
The High Court has suspended criminal proceedings against Naivasha MP Jayne Kihara, following a petition filed by her legal team. The petition alleges that the MP's prosecution is unlawful, politically motivated, and based on an outdated law.
The case against Kihara stems from allegations that she engaged in conduct likely to provoke a breach of peace during a public event in Nairobi on July 8, 2025. Senior Principal Magistrate Benmark Ekhubi upheld the decision by the Director of Public Prosecutions (DPP) to charge Kihara under Section 94(1) of the Penal Code.
However, Kihara's lawyers, led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru, argue that Section 94(1) is obsolete and fails to define a clear offence. They further contend that the MP's prosecution is politically motivated, describing the charges as a "witch-hunt."
Justice Chacha Mwita issued the interim orders to suspend proceedings in Milimani Criminal Case Number E382 of 2025. The suspension is pending the hearing of the constitutional petition. The interim orders were extended due to the confirmation from the DPP and the Directorate of Criminal Investigations (DCI) that they do not oppose the extension.
Kalonzo submitted that Kihara should not plead to the charges, as he believes her prosecution is political persecution. Kihara's lawyers also requested that she not be required to plead to the charges at this time.
The suspension of proceedings is due to last until March 10, 2026. During this period, Kihara will continue to serve as an MP, representing her constituents in Naivasha.
The case against Kihara has sparked controversy, with some politicians and activists expressing concern over the politicisation of the justice system. However, the DPP and the DCI maintain that they are committed to upholding the rule of law and ensuring that all cases are investigated and prosecuted fairly and impartially.
As the case unfolds, Kihara's legal team will continue to argue that the charges against her are politically motivated and based on an outdated law. The High Court will ultimately decide whether to uphold the suspension of proceedings or allow the case to proceed to trial.
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