NAIROBI, Kenya, Aug 4 — Lawyers representing Mukurwe-ini MP John Kaguchia on Tuesday opposed the State’s attempt to arraign him before a Milimani Magistrate’s Court, arguing that taking his plea would amount to contempt of active conservatory orders issued by the High Court.Counsel Ndegwa Njiru, assisted by Makueni Senator Daniel Maanzo, raised a preliminary objection before the magistrate, insisting that the prosecution could not proceed with the arraignment while a High Court order directing Kaguchia’s release remained in force.The defence argued that the High Court had already ordered the lawmaker’s immediate release from police custody upon payment of a Sh100,000 police cash bail, making any attempt to present him before a subordinate court unlawful.“The High Court of Kenya ordered the immediate release of Hon. John Kaguchia from police custody upon payment of a police cash bail of Sh100,000,” Maanzo submitted, warning that any officer who disregarded the order risked contempt proceedings.Njiru also informed the court that Kaguchia’s legal team and family had initially been denied access to the MP after his arrest, describing the State’s handling of the matter as a violation of his constitutional rights.Kaguchia was arrested by Directorate of Criminal Investigations (DCI) officers on Monday over alleged inflammatory remarks made during a political gathering in Kieni, Nyeri County. He was taken to DCI headquarters before being held at Kamukunji Police Station.Before his arraignment, the MP successfully moved to the Kiambu High Court under Miscellaneous Criminal Application No. HCCRMISCAPPL/E070/2026, where he obtained conservatory orders against the Inspector General of Police, the Director of Public Prosecutions and another respondent.In orders issued on Monday, August 3, Lady Justice Njoki Mwangi certified the application as urgent and directed that Kaguchia “be released forthwith from police custody upon deposit of police cash bail in the sum of Sh100,000.”The judge further directed the respondents to file and serve their responses within 14 days of service, granted the applicant leave to file a supplementary affidavit if necessary, and scheduled the matter for virtual hearing on September 16.Justice Mwangi also warned that any disobedience of the court’s orders would attract penal consequences.On the strength of those orders, the defence maintained that the State must first comply with the High Court directive by releasing the MP before pursuing any further criminal proceedings.