Former Deputy President Rigathi Gachagua has urged police to comply with a High Court order directing the release of Mukurweini MP John Kaguchia, warning of legal consequences for defiance.
In a statement issued on Monday evening, August 3, Gachagua said the ruling by the Kiambu High Court must be respected, stressing that individual officers risk being held personally accountable if they disregard it.
“The High Court of Kenya has ordered the immediate release of Hon. John Kaguchia from police custody upon payment of a police cash bail of KSh 100,000,” Gachagua said.
The orders were issued by Lady Justice Njoki Mwangi after the MP moved to court under a certificate of urgency following his arrest earlier in the day.
The court directed that Kaguchia be released upon depositing the cash bail, and set timelines for the respondents, including the Inspector General of Police and the Director of Public Prosecutions, to file their responses within 14 days.
The matter will be heard virtually on September 16, 2026.
Gachagua, however, claimed that despite the court order being served, there were attempts to frustrate its implementation at the station level.
“The OCS of Kamukunji Police Station is being misled by his seniors into ignoring the court order, which has already been served upon him, and continuing to detain Hon. John Kaguchia,” he said.
He cautioned the Officer Commanding Station (OCS) against acting on what he termed unlawful instructions, noting that the law places personal responsibility on officers who disobey court directives.
“My advice to the OCS is to obey the court order, as he will be held personally liable for contempt of court. When that time comes, his seniors will be nowhere to be found when he is cited for contempt,” Gachagua warned.
The former deputy president further referenced a past case involving a police officer facing serious charges, using it to underscore the risks of following illegal orders.
“He must remember that his colleague, the OCS of Central Police Station, is still in remand prison, charged with murder after obeying unlawful orders to torture the late Albert Ojwang,” he added.