Today's court cases: Nairobi court to rule on MP Kihara case as Rex Masai, Charles Were trials resume

Naivasha MP Jayne Kihara will on Tuesday know whether she will face trial over remarks she allegedly made during a political rally, as a Nairobi court rules on the validity of the charges brought against her under Section 94(1) of the Penal Code.

The case, set for determination at the Milimani Law Courts, will establish whether the prosecution has presented sufficient grounds to proceed to plea.

Kihara was released on a personal bond of Sh50,000 on July 18 after she appeared in court in connection with the alleged incitement incident, but did not take a plea.

Her legal representatives, Kalonzo Musyoka and Ndegwa Njiru, challenged the charge sheet, describing it as defective and lacking any known offence in law. They also claimed the case was politically driven and lacked merit.

The prosecution dismissed the defence objections and argued that the MP’s alleged statements amounted to incitement and were serious enough to warrant a full trial. The court deferred plea-taking and set today’s date to decide whether the matter will proceed.

Meanwhile, five suspects linked to the murder of Kasipul MP Charles Ong’ondo Were are also due in court today for a mention in the ongoing trial.

They include William Imoli alias Imo, Edwin Oduor Odhiambo alias Machuani, Ebel Ochieng alias Dave Calo, Isaac Kuria alias Kush, and Allan Omondi Ogola, who served as a bodyguard.

The suspects were charged after the Director of Public Prosecutions gave the green light for murder charges to be filed.

Imo, Machuani, and Calo were arraigned before Justice Diana Kavedza at the Kibera Law Courts, while Kush and Ogola were presented at Milimani in separate proceedings.

In a third matter, the hearing into the killing of Rex Masai, a 29-year-old protester shot during the 2024 anti-Finance Bill demonstrations, is also scheduled to continue today.

The court has already heard testimony from several officers, including Constable Isaiah Murangiri, who denied being the officer shown in viral images from the day of the protests. He maintained he did not discharge his weapon.

Former Officer Commanding Station Chief Inspector Robert Mugo earlier told the court that only non-lethal methods were authorised to disperse protesters, and no live ammunition was issued or fired.

His testimony was backed by Corporal Martin Githinji from the Central Police Station’s undercover unit, who also denied firing any weapon.

However, Githinji disclosed inconsistencies in the station’s arms records, revealing he signed out the same Ceska pistol under two different serial numbers on different occasions, a detail that raised questions about how firearms were tracked during the demonstrations.

Today’s session is expected to build further on these revelations.

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• Rex Masai
• Kasipul MP Charles Ong’ondo Were
• Naivasha MP Jayne Kihara
• Today's court cases: Nairobi court to rule on MP Kihara case as Rex Masai
• Charles Were trials resume