A court has temporarily barred Director of Public Prosecutions (DPP) Renson Ingonga from prosecuting Naivasha MP Jayne Njeri Kihara on incitement charges, pending the determination of a constitutional petition she has filed citing violation of her rights and freedom of expression.
Justice Chacha Mwita granted Ms Kihara a conservatory order suspending her prosecution, stating that the petition raises "sufficient constitutional and legal issues on her rights and freedoms" which require consideration by the court.
The order was issued Monday, just three days before Senior Principal Magistrate Benmark Ekhubi was scheduled to rule on whether to stay the criminal case to allow the constitutional petition to proceed.
Justice Mwita, who certified the matter as urgent, directed that the petition be served on all respondents immediately and ordered parties to file 10-page written submissions to guide the court on further directions.
Ms Kihara has named the Directorate of Criminal Investigations (DCI), the DPP, Inspector-General of Police Douglas Kanja, Interior Cabinet Secretary Kipchumba Murkomen and the Attorney-General as respondents.
The case will be mentioned on September 16, 2025, for further directions.
In her petition, Ms Kihara argues that as a lawmaker and elected leader, her right to elaborate on laws and statutes affecting the public cannot be curtailed. She contends that the incitement case infringes on her constitutional rights to freedom of speech and expression.
Through her legal team — Senior Counsel Kalonzo Musyoka, C.N. Kihara, Edward Muriu (also Gatanga MP and Njiru Ndegwa — Ms Kihara claims she is being persecuted politically. she asserts that she committed no crime by revealing that individuals were allegedly dropped off in NYS lorries during the June 25, 2025, Gen Z protests in Naivasha.
“What wrong did Ms Kihara commit by informing her constituents of the events of June 25, 2025?” Mr Ndegwa posed in the petition.
“Parliament is an oversight body, and Ms Kihara — like other members of the August House is duty-bound to inform the electorate of government actions. She cannot be gagged through criminal proceedings.”
Ms Kihara is currently out on a personal bond of Sh50,000.
The magistrate’s ruling on whether to suspend the trial is scheduled for August 7, 2025.
Naivasha MP Jayne Kihara in court over alleged incitement, loses bid to dismiss case
