The High Court has dismissed an application by Naivasha MP Jayne Kihara seeking to quash criminal charges filed against her by the Director of Public Prosecutions (DPP).
The court ruled that the DPP acted within the law in instituting the charges, paving the way for the MP to face trial.
While appearing at the Milimani Law Courts on Tuesday, Magistrate Benmark Ekhubi ordered that she take a plea on the charge of offensive conduct.
Kihara is set to take a plea on charges linked to alleged incitement remarks. The ruling is a blow to the embattled lawmaker, who had hoped to have the case terminated early.
The court held that there was sufficient basis for the case to proceed and declined to interfere with the prosecutorial powers of the ODPP.
Before the ruling, chaos briefly erupted at the Milimani Law Courts as a section of her supporters, while in the courtroom, began chanting “wantam” slogans, voicing dissatisfaction with the legal process against the legislator.
''This is a political prosecution. I do not know who I incited, as I was addressing the press. I was also part of the convoy that was targeted on Sunday. If talking on important issues is what is termed incitement, then I have no alternative but to continue speaking on such issues,'' Kihara told the press, shortly after the ruling, outside Milimani Law Courts.
Two weeks ago, Kihara was summoned by the Directorate of Criminal Investigations (DCI) over allegations of undermining the authority of a public officer.
According to a letter issued by Assistant Inspector General of Police George Lenny Kisaka, Kihara was being investigated over the alleged dissemination of inciteful or disruptive content deemed to contravene Section 132 of the Penal Code, which criminalises undermining the authority of public officers.
“I have reasons to believe that you, Hon. Jayne Njeri Wanjiku Kihara, MP Naivasha Constituency, are connected to the offence or have information that can assist me in my investigations,” the letter read in part.
However, the MP failed to honour the summons, only for her home to be raided by the detectives before whisking her away.
The detectives were seen, through a livestream the MP was recording, storming her house in the Maraigushu area and eventually apprehending her.
She was later released on a personal bond of Ksh50,000, where she alleged that the apprehension and charges were politically motivated. Following the release, she also warned President William Ruto over their continued friendship with Majority Leader Kimani Ichung'wah.
"I would like to tell President Ruto, with Ichung’wah as your friend, you don't need another enemy. With Ichung’wah around you, you need no other enemy because he is the one wronging Kenyans. He abused me and told me to behave my age," Kihara said.
