MP KAGUCHIA PLEADS NOT GUILTY TO INCITEMENT CHARGE
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Mukurwe-ini MP John Kaguchia has pleaded not guilty to an incitement charge after being arraigned before Principal Magistrate Teresiah Nyangena at the Milimani Law Courts in Nairobi on Tuesday, August 4.
The legislator was charged following remarks he allegedly made during a political rally in Kieni, Nyeri County, where prosecutors claim he made statements that amounted to voter intimidation and incitement under the Elections Offences Act.
According to investigators, Kaguchia allegedly warned Mt. Kenya residents against supporting President William Ruto in the 2027 General Election, reportedly saying those who voted for the President would be identified and traced to their homes. The prosecution contends that the remarks constituted an election offence.
The court appearance came a day after Kaguchia's dramatic arrest by officers from the Directorate of Criminal Investigations (DCI). The MP had spent Sunday night inside the Royal Media Services premises after claiming hooded detectives had surrounded the media house waiting to arrest him. He was eventually taken into custody on Monday morning before being transferred to DCI headquarters along Kiambu Road and later detained at Kamukunji Police Station.
Before his arraignment, the High Court in Kiambu intervened after Lady Justice Njoki Mwangi certified an urgent application filed on his behalf and ordered his immediate release upon payment of a KSh100,000 police cash bail.
The judge further directed Kaguchia to serve his application on the respondents, including the Inspector General of Police and the Director of Public Prosecutions, who were granted 14 days to file their responses. The MP was also allowed to file a supplementary affidavit if necessary, with the matter scheduled for a virtual hearing on September 16, 2026.
Moments before his arrest, Kaguchia denied any wrongdoing, insisting that his remarks had been misrepresented.
"The remarks I made have been twisted to fit a particular narrative."
He also maintained that he had not received any formal summons and had only learnt of the investigations through social media.
"I have no objection to appearing before the National Cohesion and Integration Commission because this is a matter that falls within its mandate."
The lawmaker further accused government digital strategist Dennis Itumbi and several pro-government leaders from the Mt. Kenya region of circulating what he described as a misleading interpretation of his speech.
Addressing journalists before he was taken into custody, Kaguchia said he was prepared to cooperate with authorities provided the law was followed.
"I have no problem presenting myself to NCIC should they require that I do so."
He added:
"If an arrest has to be done, or if in any way I am required by authorities, let this be done under clear circumstances, legally, that is clearly understandable to all, so that if it is going to court, then I can be presented to a court of law. Then I will have my day in court."
His lawyer, Ndegwa Njiru, also claimed that the MP's legal team was denied access to their client after the arrest, alleging that Kaguchia's phone had been confiscated and that neither his lawyers nor family members were allowed to reach him while he was in custody.
Kaguchia's defence team is expected to challenge the prosecution, arguing that no official election process is currently underway and questioning whether the alleged remarks can properly constitute an election offence. The case will now proceed through the courts after the MP formally denied the charge.
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