Nairobi — Mukurweini MP John Kaguchia was on Tuesday released on a Sh250,000 cash bail with an alternative of a Sh1 million bond after pleading not guilty to a charge of creating a disturbance likely to cause a breach of the peace, after unsuccessfully contesting his arraignment.
The lawmaker appeared before a magistrate at the Milimani Law Courts where his legal team earlier challenged the State's attempt to present him before a magistrate's court, arguing that doing so would violate conservatory orders issued by the Kiambu High Court on Monday directing his release on Sh100,000 police cash bail.
Following arguments by both the defence and prosecution, the magistrate allowed the plea to proceed before admitting Kaguchia to bail pending the hearing of the case.
The matter is scheduled for mention on Wednesday for further directions.
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Kaguchia's lawyers, led by advocate Ndegwa Njiru and assisted by Makueni Senator Daniel Maanzo, had earlier raised a preliminary objection, insisting the prosecution was acting in contempt of the High Court order issued by Lady Justice Njoki Mwangi.
The defence argued that the order required police to release the MP upon payment of a Sh100,000 police cash bail and that presenting him before a subordinate court before complying with those directions undermined the authority of the High Court.
Maanzo warned that any continued detention of the lawmaker contrary to the order could expose the responsible officers to contempt proceedings.
"The High Court ordered the immediate release of Hon. John Kaguchia upon payment of police cash bail. Court orders must be obeyed," he told reporters outside the courthouse.
Njiru similarly accused investigators of frustrating access to his client following his arrest, maintaining that the State ought to have complied with the superior court's directions before commencing criminal proceedings.
The prosecution nevertheless proceeded with the arraignment, culminating in Kaguchia taking plea before the trial court, which admitted him to bail.
Kaguchia was arrested by Directorate of Criminal Investigations (DCI) officers over remarks allegedly made during a political gathering in Kieni, Nyeri County. He has denied the charge.
The High Court application challenging his arrest and detention remains pending, with the substantive matter scheduled for virtual hearing on September 16, even as the criminal proceedings continue before the magistrate's court.
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