Milimani Law Courts senior principal magistrate Benmark Ekhubi suspended the trial against Kihara to await the outcome of a constitutional application she has filed at the High Court.
“I hereby suspend the hearing of the case against Kihara following an order of the high court staying trial,” Mr Ekhubi ruled.
The magistrate noted the order temporarily halting the trial was issued on August 4, 2025, by Justice Enock Chacha Mwita.
Justice Mwita prohibited the Director of Public Prosecutions (DPP) Renson Ingonga from trying Kihara in the offensive conduct case against her arising from an alleged press address on the June 25, 2025 Gen Z demonstrations that left one dead in Naivasha and a looting of businesses by alleged goons transported on NYS buses.
The case will be mentioned before Mr Ekhubi on September 2, 2025 for further directions.
In her petition, Kihara cited violation of her rights and freedom of expression as the main grounds for the quashing of the criminal case.
Granting Ms Kihara a conservatory order suspending her prosecution, Justice Chacha Mwita said the petition raises, “sufficient constitutional and legal issues on her rights and freedoms which require consideration by the court.”
The directions were issued three days before Mr Ekhubi renders a ruling whether to stay the criminal case to await the outcome of the petition Ms Kihara was to file at the Constitutional Court.
The judge certified the litigation by the lawmaker as urgent, then directed that the pleading be served upon the respondents immediately and ordered the parties to file a 10-page submission to enable him give directions.
Kihara has named, the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Inspector General of Police (IG) Douglas Kanja, Internal Cabinet Secretary Kipchumba Murkomen and the Attorney General as respondents.
Ruled Justice Mwita: “Upon considering the pleadings and supporting documents, I am satisfied the petition raises sufficient sufficient constitutional and legal which require consideration by the courts.”
The judge fixed the case for mention on September 16,2025 for further directions.
In the petition Kihara alleges that as a law maker and an elected leader she cannot be curtailed to elaborate on the laws and statutes enacted which impact on the electorate.
Saying Ms Kihara is an elected MP her defense lawyers Senior Counsel Kalonzo Musyoka, C N Kihara, Edward Muriu (also Gatanga MP) and Njiru Ndegwa have categorically stated she cannot be gagged through a criminal case, not to expound on issues to the electorate she represents in Parliament.
“Parliament is an oversight body and Ms Kihara alongside other members of the August House are duty bound to inform the electorate what is happening. She therefore cannot be prosecuted for stating things as they are,” Mr Kihara told Ekhubi.
The lawyers asked both the judge and magistrate not to allow Ms Kihara answer the offence of offensive conduct (incitement) case filed against her.
Ms Kihara, claims she is being persecuted politically, as she committed no wrong revealing that goons were dropped in NYS lorries in Naivasha during the June 25,2025 Gen Z demonstrations.
“What wrong did Ms Kihara commit by informing the electorate the happenings of June 25,2025,” Ndegwa asks in the petition.
Both the judge and the magistrate have been urged to suspend the trial as the DPP will not be prejudiced by the suspension of the trial.
When Kihara was presented in court on July 18, 2025 Kalonzo said the MP was being persecuted because of her political stand and asked the court to quash the charge.
Before Ekhubi the DPP claimed the charge as presented by the DPP was properly drafted and meets the legal threshold.
Ms Kihara’s lawyers have told the high court that an interpretation of Article 10 and Section 8 of the Magistrates Act on enforcement of the Bill of Rights is required.
Ms Kihara is out on a personal bond of Sh50,000
