A Nairobi court has ordered Naivasha MP Jayne Njeri Kihara to plead to charges of offensive conduct.
Senior Principal Magistrate Ben-Mark Ekhubi ruled that the charge sheet was not defective as drafted by Director of Public Prosecution as alleged by her lawyers.
The magistrate added that the charge sheet was drafted well enough for the MP to understand.
“I am of the view that the MP will be able to adequately decern and prepare for her defence. Therefore, l direct the suspect to take plea in respect to the charge sheet,” the magistrate ruled.
However, her lawyers asked the court to grant them a stay for 15 days to enable them to move to the Constitutional Court for further elaboration of the charges.
They also asked the court to suspend the charges and plea taking so that the constitutional court can interpret the charges.
However, the prosecution opposed the same on grounds that the defense had not proved any prejudice the suspect will suffer upon taking plea.
“The suspect is before court, the court has ruled that the charge sheet is proper. We oppose the application for deferment of plea,”
Kihara was arraigned in court on 18th July after her dramatic arrest to plead to charges of offensive conduct in regards to her statement on the saba saba demonstrations
Kihara failed to plead to the charges after her defense team led by Wiper Party leader Kalonzo Musyoka, C.N Kihara and Ndegwa Njiru told the court that the charge sheet was defective.
The court heard that the plea should be deferred since the section stated on the charge sheet and particulars of the offense do not go hand in hand.
Kalonzo submitted that the MP was only exercising her freedom of speech and did not commit any offense.
“She was just expressing freedom of speech, no offense was committed,” he said.
It was his submission that other leaders have said worse things including hiring goons to stop the saba saba demonstrations.
Njiru also submitted that admitting the charge as it was would be limiting her rights as no offense has been disclosed.
The court heard that MP Kihara did not use any threatening, abusive or insulting words or behavior.
CN Kihara
