The Milimani Law Courts will on August 19 issue directions on a preliminary objection filed by Mukurweini MP John Kaguchia challenging the court's jurisdiction to hear a criminal case arising from an alleged incident in Nyeri County.
The matter came up for mention on Wednesday, with both the defence and prosecution presenting arguments on whether the case should proceed before the Milimani Law Courts in Nairobi or be transferred to Nyeri, where the alleged offence is said to have occurred.
Kaguchia's lawyers argued that the case was filed in the wrong court, saying the alleged offence took place at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County.
They urged the court to first determine whether it has the legal authority to hear the matter before any plea is taken.
"This is a classic case of forum shopping, and I urge the Court to decline the invitation to try a matter not seized of requisite jurisdiction," his lawyers submitted.
The defence maintained that there was no justification for prosecuting the case in Nairobi, noting that the Office of the Director of Public Prosecutions has offices in both Nairobi and Nyeri. The lawyers also told the court that Kaguchia primarily serves constituents in Nyeri and only spends limited periods in Nairobi when Parliament is in session.
They further argued that any decision to move a criminal case from the area where the alleged offence occurred must be properly supported.
"Any justification to transfer a case must be supported by an affidavit of evidence," the lawyer told the court.
Apart from challenging jurisdiction, the defence also objected to the charge sheet, describing it as defective. The lawyers argued that it does not provide enough particulars for Kaguchia to fully understand the allegations against him before entering a plea.
Kaguchia is charged with offensive conduct conducive to breaches 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, where 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 prosecution opposed the objections, insisting the case was properly before the Milimani court and urging the magistrate to allow plea taking to proceed.
Prosecutors told the court that the charge sheet had been supplied to the defence in good time and clearly disclosed the offence facing the legislator. They argued that the defence had not demonstrated any illegality or miscarriage of justice that would prevent the case from moving forward.
"When facts are raised, it’s at the trial. We request you allow plea be taken," the prosecution submitted.
After hearing submissions from both sides, the court reserved its directions until August 19, when it is expected to determine how the jurisdiction challenge and the other preliminary objections raised by the defence will be handled before the case proceeds.