Naivasha MP Jayne Kihara freed on Sh50,000 personal bond

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NAIROBI, Kenya, Jul 18 – Naivasha Member of Parliament Jayne Kihara has been freed on a Sh50,000 personal bond pending a ruling on whether she will take plea on July 29. This is after the prosecution sought to charge her with offensive conduct, a move that was opposed by her lawers. The defence team was led by senior counsel Stephen Kalonzo Musyoka and Ndegwa Njiru, among others.She was arraigned before presiding Magistrate Benmark Ekhubi, and the prosecution was led by Victor Owiti.Kihara was arrested Thursday evening at her home on Maraigucu after she declined to honour summons to appear before the Directorate of Criminal Investigations (DCI).Nyandarua County Assembly Speaker Wachira Waiganjo told Capital News beat that the legislator has been booked at the Naivasha police station.The DCI had accused the MP of making remarks deemed to undermine the authority of a public officer — an offence criminalized under Section 132 of the Penal Code.On her part, Kihara cited a 2016 High Court ruling that declared the penal provision under which she is being investigated unconstitutional.In a letter addressed to the DCI and signed by her lawyers from Ndegwa & Ndegwa Advocates, Kihara argues the High Court annulled the provision in the case of Robert Alai v Attorney General, Constitutional Petition No. 174 of 2016.The letter cites a declaration by Justice Chacha Mwita stating that Section 132 of the Penal Code was “unconstitutional and invalid.”“Our client… finds herself unable to participate in a process founded upon a law that has been declared invalid,” the letter circulated on Monday read.The DCI had said it sought to interview Kihara for allegedly disseminating “inciteful or disruptive content” following remarks made during recent public rallies.In particular, the MP criticized President William Ruto over his directive to security forces to shoot violent protesters in the leg — comments that sparked widespread attention.