Mukurweini MP John Kaguchia.
Mukurwe-ini MP John Kaguchia remained at Royal Media Services (RMS) offices in Kilimani, Nairobi, for the entire Sunday night, saying police officers outside were determined to arrest him over statements he made at a rally in Nyeri County.
The lawmaker was escorted from the media house by Directorate of Criminal Investigations (DCI) officers Monday morning, driven to the DCI headquarters on Kiambu Road and later transferred to Kamukunji police station, where lawyers, opposition politicians and his supporters spent the better part of the day demanding access to him and questioning the legality of his detention.
The drama unfolded soon after Mr Kaguchia appeared on Inooro TV’s Kiririmbi programme on Sunday evening.
Shortly afterwards, he claimed police officers had surrounded the Royal Media Services premises, prompting him to remain in the building overnight.
“After my Kiririmbi Show, police have surrounded Royal Media Studios and erected road blocks with the intention of arresting me! I will NOT BE INTIMIDATED whatsoever,” he posted on social media.
Appearing on TV before his arrest yesterday, the MP said he believed he was being pursued over remarks he made during a rally in Kieni, Nyeri County, on Saturday.
Mr Kaguchia accused Government Digital Strategist Dennis Itumbi and pro-government politicians from Mt Kenya of twisting his remarks to portray them as inflammatory.
“There was a lot of hype by the government about my utterances. They were being pushed as inflammatory. That issue falls under the National Cohesion and Integration Commission (NCIC),” the lawmaker said.
“I have not been summoned. All I have received are social media posts from Itumbi and some government-leaning MPs, which were twisted to fit a certain narrative. I have no problem presenting myself to the commission.”
The controversy stemmed from comments he made in the Gikuyu language during the rally, where he reportedly warned Mt Kenya residents against voting for President William Ruto in 2027.
The lawmaker is said to have told the crowd that those who support the President will be tracked to their homesteads.
Regional DCI chief Daniel Kandie, who led the team that arrested the lawmaker, initially indicated that Mr Kaguchia would be taken to the regional DCI offices for questioning.
The MP was, instead, taken to the DCI headquarters, setting off hours of protests outside.
As he remained inside, opposition leaders accused the government of weaponising police against opponents.
Kipipiri MP, Wanjiku Muhia, demanded to know why officers who arrested Mr Kaguchia had masks and lacked identifiable uniforms.
“This is the same uniform the hooded men wore during the by-election in Ol Kalou a few weeks ago,” she said.
Ms Muhia added that if police believe Mr Kaguchia committed an offence, they should have summoned him to record a statement in the company of his lawyers instead of surrounding a media house overnight.
She linked the arrest to “a growing intimidation of independent media”, saying President Ruto recently criticised Standard Group.
The politicians and lawyers outside the DCI headquarters complained of being denied access to the MP.
Makueni Senator Dan Maanzo described the denial of access to Mr Kaguchia’s lawyers – Ndegwa Njiru and Edward Muriu – as unlawful.
Makueni Senator Daniel Maanzo.
“Twenty-four hours is almost over since the confinement began at the Royal Media Services studios,” the senator told journalists.
“There is no need to keep him at the DCI headquarters because he is not writing a statement. Nothing is happening.”
Mr Maanzo added that if Mr Kaguchia were to be prosecuted for incitement, other leaders said to have made inflammatory statements should equally face the law.
The senator singled out Health Cabinet Secretary Aden Duale, United Democratic Alliance Secretary-General Hassan Omar and Kericho Senator Aaron Cheruiyot, saying they need to be investigated.
Kathiani MP Robert Mbui.
Kathiani MP, Robert Mbui, criticised the handling of the matter, saying even the lawmakers accompanying Mr Kaguchia had been locked out of the DCI premises.
“Why is this government panicking? This is a political contest,” Mr Mbui said.
He claimed officers informed them they were awaiting “orders from above” before taking any action on Mr Kaguchia’s case, “which is evidence of political interference”.
Ms Phyllis Wangui, a lawyer, described the denial of advocates access to their client as a miscarriage of justice.
She asked the Law Society of Kenya to intervene, adding that denying anyone legal representation sets a dangerous precedent.
“If an MP can be intimidated to that extent, what of an ordinary citizen?” Ms Wangui asked.
Mr Njiru said the DCI has no mandate to investigate issues that fall under the NCIC.
“If it is hate speech, shouldn't NCIC take over the case?” he asked, adding that leaders allied to the government make controversial statements all the time without being arrested.
As the afternoon approached, Mr Kaguchia was transferred from the DCI headquarters to Kamukunji police station, where the row over the intended charges intensified.
Later, Mr Njiru said police intend to charge the MP under Section 10(3) of the Elections Offences Act.
He said the lawyers would remain at the station, adding that suspects have died in police custody in the past.
By yesterday evening, Mr Kaguchia remained at Kamukunji police station, with leaders and lawyers present framing the arrest as political persecution while investigators prepared to pursue charges linked to his remarks in Nyeri.
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