National Assembly Majority Leader Kimani Ichung’wah has defended the arrest of Mukurwe-ini MP John Kaguchia, urging political figures to allow the judicial process to unfold naturally rather than protesting law enforcement actions against inflammatory speech.
Addressing village elders at State House on Tuesday, Ichung’wah called out politicians who publicly criticized police for apprehending Kaguchia over incendiary remarks he allegedly delivered at a weekend rally in Kieni, Nyeri County.
“I have heard those tribal leaders. When a leader says something, you as his senior should stop defending him after legal action has been taken against him over statements that might cause chaos in the country,” he said.
The Kikuyu MP maintained that genuine leadership demands protecting citizens’ lives and national security by calling out any politician whose words risk igniting civil unrest, rather than offering political cover.
“If you are a true leader, you should not be talking about the arrest of people who are perpetuating criminality and endangering the lives of other Kenyans. You should be condemning them. Shame on you if you cannot condemn them; all you can do is try to seek cheap political capital,” he added.
Ichung’wah’s remarks directly answered former Deputy President Rigathi Gachagua, who had strongly denounced Kaguchia’s arrest a day earlier as a weaponization of the criminal justice system intended to intimidate political rivals. In a Monday statement, Gachagua asserted that past government attempts to settle political rivalries through law enforcement failed, claiming this latest crackdown would only galvanize opposition supporters rather than derail their momentum.
Trouble mounted for Kaguchia following his Saturday address in Kieni, where he allegedly warned Mount Kenya residents against supporting President William Ruto in the 2027 elections, threatening in Kikuyu that pro-Ruto voters would face home tracking and be “smoked out”. Detectives arrested the lawmaker on Monday morning after he spent the night inside the Royal Media Services premises in Nairobi.
Kaguchia Released on Sh250,000 Bail as Court Defers Plea
The lawmaker was released on a cash bail of Sh250,000 after the Milimani Law Courts deferred his plea over objections challenging the legality of the criminal proceedings against him. Kaguchia appeared before Senior Principal Magistrate Teresiah Nyangena on Tuesday to face charges of offensive conduct conducive to a breach of the peace.
However, his defense team halted the plea-taking process by raising preliminary objections, arguing that the court lacked jurisdiction and that the charge sheet was fundamentally defective. The prosecution alleges that Kaguchia uttered remarks in Kikuyu at Naromoru Shopping Centre in Kieni East, Nyeri County, on August 1, 2026, aimed at inciting hostility and disturbing public peace.
According to the charge sheet, Kaguchia warned residents that anyone voting for or supporting “Kasongo” would face social ostracization, including neighbors shunning their dowry ceremonies, withholding visits during times of bereavement, and telling them to seek medical treatment in Sugoi if they fall ill.
Before the court could read the charge, defense lawyers challenged the state’s case, asserting that the particulars in the charge sheet failed to disclose any offense recognized under the law. The defense also accused investigative agencies of ignoring earlier High Court directives. They pointed out that authorities denied Kaguchia immediate access to his attorneys and ignored court orders requiring disclosure of his location and his immediate release on a Sh100,000 cash bail.
The prosecution rejected claims of contempt, arguing that no party had served the Office of the Director of Public Prosecutions with the High Court order.
“The Office of the Director of Public Prosecutions was not served with the said order and therefore cannot be held in contempt,” the prosecution submitted.
Urging the court to release the lawmaker while it reviews their preliminary objections, the defense team stressed that Kaguchia presents no flight risk and will willingly attend all court sessions.
In her ruling on the application, Magistrate Nyangena noted that the procedural context had shifted once the state formally presented Kaguchia before a criminal court.
“Although the High Court ordered his release, the circumstances before this court are different because the accused person is now facing criminal charges,” Magistrate Nyangena ruled.
The court subsequently granted Kaguchia release on a bond of Sh1 million or an alternative cash bail of Sh250,000. The magistrate set the matter for mention on Wednesday to provide further directions regarding the defense team’s preliminary objections.
