Naivasha MP Jayne Kihara to face incitement charges after losing bid to dismiss case
MP Kihara is accused of uttering offensive words during a public gathering in Nairobi on July 8, 2025, with the intent to provoke violence.
A Nairobi court has ordered Naivasha MP Jayne Kihara to be charged with offensive conduct likely to cause a breach of the peace under Section 94(1) of the Penal Code.
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MP Kihara is accused of uttering offensive words during a public gathering in Nairobi on July 8, 2025, with the intent to provoke violence.
Magistrate Ben Mark Ekubi ruled that the charge sheet met the constitutional threshold for framing charges, stating that the MP understood the nature of the allegations before the court. Ekubi ordered Kihara to plead to the charges.
"Having considered the submissions, I am satisfied that the Director of Public Prosecutions (DPP) has met the requirements for framing a charge. I therefore order the accused to plead to the charges," he ruled.
Following the ruling, Kihara’s legal team, led by Senior Counsel Kalonzo Musyoka and advocate Ndengwa Njiru, objected to plea-taking and requested 14 days to file a constitutional petition challenging the charges.
The team argued the charges were politically motivated, vague and violated Kihara’s constitutional right to freedom of expression under Article 33.
According to Musyoka, other MPs have made more controversial statements without facing charges and called for Kihara’s unconditional release.
Kalonzo also insisted the court had jurisdiction to hear human rights concerns under the Magistrates’ Court Act.
"This charge sheet does not disclose any offence," said Musyoka. "Other Members of Parliament have made far more controversial statements, including threats to disrupt the Saba Saba protests- yet they have not been charged."
The prosecution, led by Victory Owiti, however, stressed that freedom of expression is not absolute and does not protect hate speech or incitement to violence.
Owiti maintained that the charge sheet was properly constituted.
"Article 33 guarantees freedom of expression, but it is not absolute. It does not protect hate speech, incitement to violence, or propaganda for war," said Owiti. "The charge before the court falls within these constitutional limitations."
Kihara was arrested in Naivasha on July 17, escorted by over 30 police officers to Nairobi, and released on a Sh50,000 personal bond extended pending a ruling on the defence application scheduled for August 7, 2025.
The case will be mentioned on August 7.
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