Opposition leaders Kalonzo Musyoka and Rigathi Gachagua have condemned the Monday arrest of Mukurwe-ini MP John Kaguchia over alleged inflammatory remarks.
In a statement on his social media pages, Wiper leader Kalonzo Musyoka linked the arrest to a crackdown on free speech, while noting that he does not support incitement.
“I strongly condemn the arbitrary arrest of Mukurweini MP, Hon. John Kaguchia, over his public remarks. Let me be clear: we do not support incitement from anyone. Every leader has a duty to protect peace and respect the rule of law. The Constitution guarantees every Kenyan freedom of expression,” Kalonzo said on Monday.
He accused the government of applying the law selectively, citing past remarks by government officials that he said did not attract similar action.
Kalonzo also accused UDA Secretary General Hussein Omar and a sitting Health Cabinet Secretary Aden Duale of making tribal remarks without facing consequences.
“Why the double standard? Justice in Kenya cannot depend on whether you are pro-government or in the opposition. If incitement is the standard, apply it to everyone; Mukurweini MP or Cabinet Secretary, it does not matter. Selective justice is not justice. It has no place in our democracy,” he added.
In a separate statement, Democracy for the Citizens Party leader Rigathi Gachagua termed the arrest a “selective application of the law.”
“I thought this lost regime should be reminded. The Fourth Administration was notorious for using the criminal justice system to suppress dissent and force people to support an unpopular candidate. It didn’t work. In fact, the more they did it, the more the people of Kenya became hardened, and their resolve grew stronger,” he said.
Gachagua said the “overnight harassment and early morning arrest” of Kaguchia would only strengthen the resolve of their supporters, adding that their lawyers were working to secure his release on bond pending arraignment.
Embakasi MP Babu Owino also condemned the arrest, saying disagreement with a leader’s remarks should not be a basis for arrest in a constitutional democracy.
“We strongly condemn the arbitrary arrest of Hon. John Kaguchia by the government over his remarks. Some people may disagree with what he said, but in a constitutional democracy, disagreement is never a justification for arrest,” Owino said.
Kaguchia was arrested by officers from the Directorate of Criminal Investigations (DCI) on Monday after spending Sunday night at Royal Media Services (RMS), where he had sought refuge over fears of imminent arrest following remarks he made at a political rally.
However, several other leaders condemned Kaguchia over the alleged remarks.
Trade Cabinet Secretary Lee Kinyanjui termed the statements reckless and inciteful.
“The utterances attributed to Hon. John Kaguchia on the profiling of voters are reckless, inciteful, and regrettable. Such profiling has previously been applied in different contexts, with devastating consequences,” Kinyanjui said.
Following the lawmaker’s arrest, demonstrations were held in Mukurwe-ini, with residents demanding his release.
Opposition leaders and his lawyers spent much of Monday seeking his release.
Earlier, High Court Advocate Ndegwa Njiru claimed Kaguchia’s family and legal team had been denied access to him since his arrest.
“We have been at the reception since the time Kaguchia was arrested. We have not been able to access our client. After Kaguchia was arrested, instructions were firm that we should not access our client,” Njiru said.