Mukurweini MP John Kaguchia arrives at the Milimani Law Courts in Nairobi on August 4, 2026. [Nancy Gitonga, Standard]
The Director of Public Prosecutions (DPP) has urged the Milimani Court to dismiss preliminary objections raised by Mukurweini MP John Kaguchia seeking to halt plea-taking on a charge of offensive conduct over alleged inciting remarks made in Kieni.
State prosecutors urged Senior Principal Magistrate Teresia Nyangena to compel the legislator to take plea, arguing that no prejudice would be occasioned to the accused if the matter proceeded.
Responding to the defence's preliminary objections, the prosecution submitted that the charge sheet properly discloses an offence, complies with the law and is not defective.
The DPP argued that any alleged irregularities identified by the defence do not invalidate the charge and should not prevent the court from proceeding with plea-taking.
"There will be no prejudice occasioned to the accused person if he pleads to the charges herein," the prosecution submitted.
The State further argued that the charge sheet is properly framed and sufficiently sets out the offence facing the MP.
"The charges before you are proper and thoroughly disclose the offence. Any errors that may appear on the face of the charge sheet do not render it defective," the prosecution told the court.