DPP urges court to dismiss Kaguchia's bid to block prosecution, says charges are lawful

Mukurweini MP John Kaguchia arrives at the Milimani Law Courts in Nairobi on August 4, 2026.[Nancy Gitonga, Standard]

The Director of Public Prosecutions (DPP) has urged the Milimani Court to dismiss preliminary objections raised by Mukurweini MP John Kaguchia seeking to halt plea-taking on a charge of offensive conduct over alleged inciting remarks made in Kieni.

State prosecutors urged Senior Principal Magistrate Teresia Nyangena to compel the legislator to take plea, arguing that no prejudice would be occasioned to the accused if the matter proceeded.

Responding to the defence's preliminary objections, the prosecution submitted that the charge sheet properly discloses an offence, complies with the law and is not defective.

The DPP argued that any alleged irregularities identified by the defence do not invalidate the charge and should not prevent the court from proceeding with plea-taking.

"There will be no prejudice occasioned to the accused person if he pleads to the charges herein," the prosecution submitted.

The State further argued that the charge sheet is properly framed and sufficiently sets out the offence facing the MP.

"The charges before you are proper and thoroughly disclose the offence. Any errors that may appear on the face of the charge sheet do not render it defective," the prosecution told the court.

The DPP maintained that any discrepancies alleged by the defence are curable through evidence to be presented during the trial.

"The charge herein discloses an offence and if there are any errors, they are curable through the evidence that will be tendered during the trial. There will be no miscarriage of justice if the accused pleads to the charges," the  prosecution argued.

On the question of jurisdiction, the prosecution opposed the defence's claim that the matter should be heard in Nyeri, arguing that Kaguchia is a prominent political leader in the county and that hearing the case in Nairobi would avoid potential interference with the proceedings.

The DPP also rejected claims that the State had engaged in forum shopping by arraigning the MP at Milimani, noting that the defence itself had moved both the Kiambu and Milimani High Courts in related proceedings.

The submissions came after Kaguchia's lawyers, led by Kiragu Wathuta and Ndegwa Njiru, mounted a constitutional challenge to the charge sheet, arguing that it was defective, violated the MP's constitutional rights and failed to disclose an offence under Section 94(1) of the Penal Code.

The defence also challenged the jurisdiction of the Milimani court, claimed the legislator was denied access to legal counsel following his arrest and argued that he was unlawfully detained despite court orders granting him bail and bond.

Magistrate Nyangena is expected to rule on the preliminary objections before determining whether Kaguchia will be required to take plea.