Tuesday afternoon drama and confusion reigned at the Milimani Law Courts when Mukurweini MP John Kaguchia left the courtroom before he was formally discharged in the offensive conduct case only to return minutes to 4pm to be released on a bond of KES 1 million.
Mr Kaguchia who did not plead to a charge of offensive conduct which could result to a breach of peace on August 1, 2026, was also given a cash bail of KES 250,000 until August 5, 2026, when he is expected back into court for further directions.
Earlier, the MP had left the court dock hurriedly when the trial magistrate Ms Teresia Nyagena had placed the lawmaker's file aside to take fresh pleas.
Ms Nyagena had noted that the MP's case was dragging due to several applications by defense lawyers challenging the constitutionality of the charge presented to the court by the Director of Public Prosecutions (DPP) Renson Ingonga.
When the magistrate kept aside the MP's case, lawyers “beckoned the MP to leave the dock.”
“There are two High Court Orders by Justice Gregory Mutahi (Milimani High Court) and Kiambu High Court all freeing the MP on bond pending prosecution,” lawyer Kiragu Wathuta told the magistrate.
Mr Wathuta said the lawmaker should not even be in the dock as his trial has been temporarily halted by the High Court.
Mr Kaguchia left the dock, passed through the public gallery and left the courtroom.
He was ushered into the court corridor by Senator John Methu and other MPs who had turned up in court to give him moral support among them Gatanga MP Edward Muriu.
Mr Kaguchia was driven out of the court building in a high end white Toyota Land Cruiser.
They left the court in a state of confusion but Ms Nyagena ordered defense lawyers to produce him in court saying “once a person is charged, he or she cannot leave the court without a formal order.”
Ms Nyagena asked lawyers Wathuta and Muriu: “Where is the accused person? I want to deliver a ruling in respect to the application whether the DPP can prosecute this case when he has allegedly defied High Court orders.”
Mr Wathuta answered that the MP was around although he had stepped out to take lunch.
“Get him back. He cannot leave my court without a discharge order. Even if he has a High Court order, before me is a criminal case totally different from the Milimani and Kiambu High Court matters. He should not leave my court without a formal discharge,” stated Ms Nyagena.
Following his disappearance, police in civilian clothes and court orderlies plus defense lawyers frantically looked for the MP.
He walked back into court at 3:40pm accompanied by Mr Methu and a host of his supporters.
In a brief ruling, Ms Nyagena allowed the DPP to participate in the criminal case saying “the defense has not shown that the DPP had defied a court order requiring him to release the suspect on bond and instead kept him at Kamkunji Police Station for the last two nights.”
Mr Muriu and Mr Wathuta had asked the magistrate to bar the DPP from participating in the case as he had defied court orders and kept the MP in custody when there were High Court orders to release him on bond pending arraignment.
The defense urged the magistrate to decline the case against the MP since the DPP has not purged the court order.
Mr Wathuta said the DPP was served by Senator Daniel Maanzo with the court orders prohibiting arrest and prosecution of the first-term MP.
The DPP and the National Police Service had been ordered to release the MP on bond, but the orders were declined and Mr Kaguchia continued to cool his heels in police custody.
“Unless the DPP purges contempt of court, he should not be allowed to participate in the proceedings,” Mr Wathuta submitted.
He added that the DPP was aware of the court orders which had been served on him to which three state prosecutors said they had not been served with the court orders.
“We were not served with the court orders,” a prosecuting counsel Ms Magdalene Ngalyuka told the magistrate.
Ms Ngalyuka added that the DPP cannot be penalised for an order he had not interacted with.
The MP's lawyers also challenged the constitutionality of the charge sheet saying he was held incommunicado and could not be asked to answer a charge he had not been advised about by his lawyers.
Also the court was asked to order the case be transferred to Nyeri as the alleged offence took place at Narumoru Township in Kieni East sub-county.
Mr Muriu said the MP had to spent the night at a media house where he had gone for a talk show after learning that 30 Subaru cars had surrounded the broadcasting house.
Also. police in masks and balaclavas had kept patrolling around the media house until August 3, 2024, when the DCI Regional Commander a Mr Langat in the company of uniformed police officers from Kilimani arrested him.
When he was freed on bond, seven police officers in uniform and others in civilian attire handcuffed the MP and escorted him to the court cells.
He was detained at the court cells until he paid the cash bail of KES 250,000.
