Naivasha MP calls out DCI for citing annuled law as she snubs summons » Capital News
NAIROBI, Kenya, Jul 14 – Naivasha Member of Parliament Jayne Njeri Kihara has declined to honour summons by the Directorate of Criminal Investigations (DCI), citing a 2016 High Court ruling that declared the penal provision under which she is being investigated unconstitutional.
DCI accused the MP, summoned to appear before DCI officers at 10.30am on Monday, July 14, of making remarks deemed to undermine the authority of a public officer — an offence criminalized under Section 132 of the Penal Code.
However, in a letter addressed to the DCI and signed by her lawyers from Ndegwa & Ndegwa Advocates, Kihara argues the High Court annulled the provision in the case of Robert Alai v Attorney General, Constitutional Petition No. 174 of 2016.
The letter cites a declaration by Justice Chacha Mwita stating that Section 132 of the Penal Code was “unconstitutional and invalid.”
“Our client… finds herself unable to participate in a process founded upon a law that has been declared invalid,” the letter circulated on Monday read.
The DCI had said it sought to interview Kihara for allegedly disseminating “inciteful or disruptive content” following remarks made during recent public rallies.
In particular, the MP criticized President William Ruto over his directive to security forces to shoot violent protesters in the leg — comments that sparked widespread attention.
Defiance
Kihara, a vocal supporter of former Deputy President Rigathi Gachagua and a prominent critic of the Kenya Kwanza administration, dismissed the summons as political persecution.
“The days of intimidating leaders using the criminal justice system are long gone,” she said on Sunday.
“Summoning me to DCI headquarters tomorrow will not change Kenyans’ resolve, because this is not about Jayne Kihara but about our country, Kenya.”
Her defiance comes amid growing political tension following the Saba Saba Day protests and the one-year anniversary of the Gen Z-led anti-tax demonstrations, both of which have reignited opposition to the government’s economic and governance policies.
Kihara’s legal team also took issue with the short notice of the summons, arguing that she was not afforded adequate time to prepare or understand the alleged offence.
While the DCI has yet to respond to the letter, the agency had earlier warned in its notice that failure to comply with the summons constituted an offence punishable under the law.