Mukurwe-ini MP John Philip Kaguchia was on Tuesday charged at the Milimani Law Courts with offensive conduct conducive to breaches of the peace, but declined to take a plea as his lawyers challenged the legality of his arrest and detention.

Kaguchia is facing a charge of offensive conduct conducive to breaches of the peace, contrary to Section 94(1) of the Penal Code.

According to the charge sheet, the legislator allegedly made remarks in Kikuyu language at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County, on August 1, 2026, which prosecutors say were intended and likely to provoke a breach of the peace.

The prosecution’s English translation of the alleged remarks claims Kaguchia warned residents against voting for or supporting a person he referred to as “Kasongo.”

He is also accused of saying that those supporting “Kasongo” would be identified and monitored because records would be kept of them.

The charge sheet further alleges that the MP referred to past actions committed against “our children” and suggested that supporters of Kasongo should not expect sympathy or assistance.

Before the plea could be taken, Kaguchia’s legal team asked the court to refer the matter to the High Court, arguing that police and investigative agencies had ignored two court orders directing that the MP be released.

The defence wants the Officer Commanding Station (OCS) Kamukunji, the Directorate of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP) and the investigating officer cited for contempt of court over the alleged disobedience of the orders.

The lawyers also requested that the application be placed before Justice Gregory Mutai for determination before the criminal proceedings continue.

The application is now before Milimani Principal Magistrate Teresia Nyangena.

In response, the Office of the Director of Public Prosecutions opposed the application, maintaining that prosecutors had never been served with the court orders cited by the defence.

State counsel told the court that the prosecution only received the investigation file, which formed the basis of the charge sheet presented against Kaguchia.

“We were not served with any court orders,” the prosecution said.

The State further argued that no request had been made for prosecutors to verify the alleged court directions through the Case Tracking System (CTS).

“We have not been approached to check the CTS,” the prosecution submitted.

The prosecution also opposed the MP’s decision to decline taking a plea, insisting there was no legal basis for delaying the criminal proceedings.

“There was no service. Otherwise, with proper service we would have agreed to Kaguchia walking home,” the prosecution told the court.

The case now turns on whether the court will first determine the defence’s application seeking High Court intervention and possible contempt proceedings, or proceed with the plea on the criminal charge against the Mukurwe-ini legislator.

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