The legal battle involving Mukurwe-ini Member of Parliament John Philip Gichohi Kaguchia has entered a critical stage, with the court set to decide whether he will proceed to take a plea in a case accusing him of offensive conduct likely to cause a breach of peace.
The focus of the proceedings has now shifted to the validity of the charge sheet and whether the case should continue at the Milimani Law Courts in Nairobi.
Kaguchia’s defence team has challenged the charges, arguing that the document presented before court does not clearly explain the alleged offence and does not identify the people said to have been affected by his actions.
“The charge sheet does not identify the alleged victims or complainants and is so vague that it denies the accused a fair opportunity to prepare his defence,” the defence told the court.
The lawyers argued that the charges do not meet the legal requirements under Section 134 of the Criminal Procedure Code, insisting that the alleged references, including the name “Kasongo,” are unclear and cannot form the basis of a fair trial.
The defence also objected to the decision to have the case heard in Nairobi, arguing that Kaguchia should not be treated differently because he is an elected leader.
They maintained that being a Member of Parliament does not mean he has the ability to interfere with witnesses and insisted that he is entitled to equal treatment before the law.
However, the prosecution has defended both the charge sheet and the Nairobi venue, arguing that the objections raised by the defence should be considered during the full hearing of the case.
“The validity of the charges should be tested during the hearing of the case and not at the preliminary stage,” the prosecution submitted.
The State argued that the case was brought before the court after investigators submitted evidence to the Office of the Director of Public Prosecutions, which approved the charges.
Prosecutors further told the court that holding the trial in Nairobi would help protect witnesses from possible intimidation or undue influence, especially given Kaguchia’s position as a sitting Member of Parliament and State officer.
They also maintained that any errors in the charge sheet can be corrected through amendments and do not invalidate the proceedings.
Senior Principal Magistrate Teresiah Nyangena is expected to issue directions on August 19 on whether the objections have merit and whether Kaguchia will be required to take a plea.
