MP Jayne Kihara freed on Sh50K bond

Naivasha MP Jayne Kihara was released on Friday on a personal bond of Sh50,000 after appearing in court over incitement-related charges.

 Kihara did not take a plea as the court is yet to determine the legality of the charges brought against her.

The matter will be mentioned on July 29, 2025, when the ruling on whether the charges meet the legal threshold will be delivered.

The MP was arrested on Thursday in connection with remarks made during a political rally.

Her lawyer argued that the charges were politically motivated and lacked merit.

The prosecution opposed her release, but was overruled. 

Wiper Party leader Kalonzo Musyoka and former Attorney General Justin Muturi were present in court to show solidarity with the embattled legislator.

Leading the defence, Senior Counsel Kalonzo Musyoka argued that the charge sheet was defective and lacked specific particulars that disclosed any offence.

He described the case as politically motivated and a violation of constitutional rights.

“The particulars of the offence do not indicate any offensive conduct. There are no abusive, threatening, or insulting words that would amount to provoking a breach of peace. Speech alone is not conduct,” submitted lawyer Wanjohi.

He added that proceeding with the charges would infringe on the MP’s freedom of expression.

The defence also questioned the consistency of the state’s actions, referencing a similar case involving Rose Njeri, who was charged with incitement and later acquitted.

They argued that Kihara’s matter fell within the same legal framework.

The Prosecution, led by JV Owiti, opposed the deferment of the plea, stating that the magistrate had jurisdiction to interpret the Constitution and allow the trial to proceed.

“The charge sheet clearly outlines the offence. The validity of the case can only be tested once witnesses are brought during the trial,” Owiti submitted.

“The prosecution cannot prove its case before a plea is taken.”

In response, the defense maintained that they were not challenging the evidence, but rather the legality and sufficiency of the charge documents.

“The charges are defective,” the court was told.

Magistrate Ben Mark Ekhubi deferred his ruling on the matter to July 29, 2025, at 11:00 a.m., when he will determine whether the MP will be required to enter a plea.

In the meantime, Jayne Kihara was released on a personal bond of Sh50,000, which was not opposed by either side, pending the outcome of the application