A Nairobi court directed that Naivasha Member of Parliament Jayne Kihara be charged with offensive conduct likely to disturb public peace, contrary to Section 94(1) of the Penal Code.
The charge stems from remarks Kihara allegedly made during a public event in Nairobi on July 8, 2025. Prosecutors claim the utterances were intended to incite violence.
Magistrate Ben Mark Ekubi ruled that the charge sheet was legally sound and that the MP fully understood the accusations levelled against her. “Having reviewed the submissions, I am satisfied that the Director of Public Prosecutions has met the legal threshold for charging. I therefore direct the accused to take plea,” said Ekubi.
However, Kihara’s lawyer, Ndengwa Njiru, opposed the plea-taking and sought a 14-day window to file a constitutional petition challenging the charges. The defense argued the case was politically driven, lacked clarity, and infringed on Kihara’s right to freedom of expression under Article 33 of the Constitution.
The court deferred plea-taking to August 7, 2025, to allow the defense time to pursue the constitutional challenge.
