Naivasha MP Jayne Njeri Wanjiru Kihara has been formally charged with offensive conduct likely to breach the peace, contrary to Section 94(1) of the Penal Code. According to the charge sheet dated July 18, 2025, Kihara is accused of making inflammatory remarks during a public gathering on July 8 in Nairobi.

The charge stems from her statements related to recent protests, where she allegedly suggested that violent events in Naivasha were politically motivated and criticized the police for inaction. Prosecutors claim her words amounted to incitement and could provoke public disorder.

Kihara was on Friday arraigned before the Milimani Law Courts but did not plead to the charges after her legal team strongly objected arguing the charge sheet did not disclose any offence.

Kihara’s lawyers led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru asked the court to reject the plea taking and dismiss the charges, terming the prosecution a politically motivated witch-hunt.

Kalonzo further told Magistrate Benmark Ekhubi, that other legislators had made similarly provocative statements in public without facing legal consequences. The defence urged the court to declare the charge illegal and defective.

Njiru on the other hand called on the court to determine whether the incitement charge amounted to “a denial, violation or infringement of a right or a threat to a fundamental freedom.”

He questioned the legality of the provision under which Kihara was charged, Section 94(1) of the Penal Code, saying it was outdated and inconsistent with the 2010 Constitution.

Kihara was arrested on July 17 at her home in Naivasha and spent the night in police custody after recording a statement at the DCI Headquarters. The Office of the Director of Public Prosecutions has listed several witnesses, including David Mulamba, James Gichaba, Gerald Muchiri, and Kenga Katana Kimera.