Magistrate Teresia Nyagena of the Milimani Law Courts has ordered Director of Public Prosecutions Renson Ingonga to submit evidence explaining why the offensive conduct charge against Mukurweini MP John Kaguchia should not be transferred to Nyeri County, the location where the alleged offence is said to have taken place.
She also instructed the MP’s legal team to file submissions outlining why the case ought to be moved to Nyeri.
Defence counsel Kiragu Wathuta, Simon Mburu, Nguring’a Ishmael and Lawrence Mwangi applied for the transfer on grounds of jurisdiction.
They told the court that the alleged incident occurred at Naromoru Township (also referred to as Naromoru Shopping Centre) in Kieni East Sub-County, Nyeri County, and therefore the matter should be heard and concluded there.
“Given that the issue of jurisdiction has been raised as to whether this court has legal authority to try this matter here, I hereby direct all the parties to file submission in respect of the same,” Magistrate Nyagena directed both the DPP and the defence.
The order was issued on Wednesday after the parties presented arguments on whether the case, which stems from an alleged incident in Nyeri County, should proceed at the Milimani Law Courts in Nairobi.
Kaguchia’s lawyers questioned the decision to file the case in Nairobi, noting that the alleged offence took place at Naromoru Shopping Centre in Kieni East Sub-County.
They urged the court to examine whether Milimani possessed the necessary jurisdiction.
Counsel Nguring’a submitted: “This is a classic case of forum shopping and I urge the Court to decline invitation to try a matter not ceased of requisite jurisdiction.”
The defence further argued that Kaguchia represents constituents in Nyeri and spends only limited time in Nairobi when Parliament is sitting.
They also pointed out that the Office of the Director of Public Prosecutions (ODPP) maintains offices in both Nairobi and Nyeri, challenging any suggestion that the matter had to be handled exclusively in the capital.
Lawyer Wathuta stressed that any decision to move a criminal case outside the area where the alleged offence occurred must rest on a clear foundation.
“Any justification to transfer a case must be supported by an affidavit of evidence," Wathuta stated.
The defence cautioned against transferring criminal matters between courts without adequate justification and asked the court to decline jurisdiction so that the case could be handled in Nyeri.
The jurisdiction objection was raised together with challenges to the charge sheet, which the defence described as defective.
Kaguchia faces a single count of offensive conduct conducive to a breach of the peace under Section 94(1) of the Penal Code.
According to the charge sheet, the alleged offence occurred on August 1, 2026, at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County.
He is accused of knowingly and intentionally uttering words in the Kikuyu language that were allegedly intended to provoke a breach of the peace.
The defence has also questioned whether the charge sheet supplies enough particulars to allow Kaguchia to understand the allegation and enter a plea.
Prosecutors led by deputy directors Magdalene Ngalyuka, Dorcus Rugut and Bonny Okemwa opposed the objections and insisted that the case was properly before the Milimani court.
They asked the court to permit the MP to take his plea, stating that the charge sheet had been supplied to the defence in good time and clearly disclosed the accusation.
They maintained that no illegality or miscarriage of justice had been shown and that any factual disputes should be resolved at trial.
“When facts are raised, it’s at the trial. We request you allow plea be taken,” the prosecution submitted.
They further argued that the defence concerns did not prevent the court from proceeding with plea-taking.
Kaguchia has not yet entered a plea.
Magistrate Nyagena directed that the matter be mentioned and fixed August 18, 2026, for directions.
On that date the court will decide how to handle the jurisdictional challenge and the other objections raised by the defence, including the application to reject the charge sheet as defective.
