Naivasha Member of Parliament Jayne Kihara was Friday released on a bond of Sh50,000 pending determination of an incitement case.
Kihara, who was arrested on Thursday afternoon, was on Friday morning arraigned at the Milimani Law Courts to face charges of offensive conduct.
She was charged with breaching peace contrary to Section 94(1) of the Penal Code, Cap 63 Laws of Kenya for remarks she allegedly made on July 8 in Nairobi, about the youth-led protests.
According to the charge sheet, Kihara said goons had been deployed in government vehicles and that police did nothing to contain the goons.
The legislator was accused of mentioning the President’s name in her accusations, with what the prosecution said was intent to provoke breach of the peace.
Kihara’s lawyers however argued that the charges amount to political persecution.
“It is not suggested that she used any insulting, threatening, or offensive words or behaviour likely to cause a breach of the peace with intent to provoke such a breach. For an offence of this nature to stand, the words must fall within one of those three parameters — and what is before you does not meet any of them,” lawyer Ndegwa Njiru argued in court.
“Moreover, the charge sheet does not even disclose which public gathering it refers to, how many people were allegedly present, or the specific location. This makes the charge vague and untenable.”
Lawyer Wambugu Wanjohi added: “The State is using fire extinguishers to blow out a candle. There is no clear offensive conduct identified. If the President was mentioned by the accused, he is not listed among the witnesses is he the complainant?”
“No particulars of the breach have been mentioned. Who was provoked? What specific act of disorder was caused or even threatened? The law does not criminalize the expression of political opinion.”
She was brought to court under tight security on Friday morning in a Subaru vehicle before being taken briefly to the court cells.
According to the charge sheet, the lawmaker was quoted on July 8, 2025, where she accused President William Ruto of orchestrating the chaos in Naivasha during the aforementioned demonstrations.
The charge sheet indicated that Kihara claimed goons were transported to Naivasha in an NYS bus and dropped off at Karagita.
At the same time, she claimed that other rioters were dropped off in trucks in Mai Mahiu.
“I want to talk about Naivasha because I know those goons were transported in NYS bus, in a place called Karagita these people nobody knew them, as I condole with the bereaved and also empathise with those properties who were destructed, I want to tell President Ruto this is not a war you can win unless you want to destroy this country,” the sheet read in part.
Further, the charge sheets quote the lawmaker for claiming that the police were in cahoots with the goons to cause chaos.
“…police are not doing anything, they didn’t try to arrest the goons, we could see in the place goons walking with them, so it is not anything that is going to end, we as Kenyans are prepared to prepare our country so that we cannot be drowned by one single person because you think you are so powerful, yet you have the power which we gave you, you cannot use it to destroy us and the country.”
She was arrested at her home in Nakuru County in a dramatic scuffle that was captured live on her Facebook page. This is after police officers stormed her residence shortly after she met with sand harvesters from Mai Mahiu
The arrest comes just days after she failed to respond to a summons by the Directorate of Criminal Investigations (DCI) over remarks allegedly undermining the authority of a senior public official.
Kalonzo later addressed the press, terming the arrest and arraignment as harassment and political intimidation.
The exact charges Kihara is facing remain unclear, though they are believed to be linked to alleged inciteful statements made on social media.
Her court appearance follows a raid by DCI officers at her Maraigushu home in Naivasha, where she was arrested in an incident streamed live on her Facebook page
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