Naivasha MP Jayne Kihara is expected back in court today for directions on a case where the state wants her charged with offensive conduct.
Kihara was arrested on July 17 and arraigned at the Milimani law court in Nairobi the following day.
However, she did not plead to the charges after her lawyers, led by Wiper Patriotic Front party leader Kalonzo Musyoka, objected to her taking a plea, arguing the charge sheet was defective.
The court granted her a personal bond of Sh50,000 pending a ruling on the objection.
On July 29, senior principal magistrate Ben Mark Ekhubi ruled that the charge sheet against the MP met the legal standards.
“I find that the requirements of a clearly drafted charge sheet have been surmounted by the state,” Ekhubi said.
That ruling paved the way for Kihara to plead to the charges, but the court again deferred the plea-taking to August 7 after the MP’s lawyers asked for the deferment to seek redress at the High Court.
The prosecution had opposed the request, arguing that taking a plea would not stop the defence from seeking judicial interpretation at the High Court.
On Tuesday, Justice Chacha Mwita of the High Court’s constitutional and human rights division issued orders stopping the Director of Public Prosecutions from prosecuting Kihara in the incitement case, citing a violation of her rights and freedom of speech.
Kihara was arrested in Naivasha on July 17 from her home with the state accusing her of offensive conduct conducive to breach of peace under Section 94(1) of the Penal Code.
The charge relates to an incident in Mai Mahiu within her Naivasha constituency, where she addressed a rally.
Her lawyers claimed the charges were politically driven and violated her constitutional rights.
Magistrate Ekhubi will give directions on the matter today.
