Mukurweini MP John Kaguchia’s arrest on Monday morning after an overnight standoff at Royal Media Services (RMS) has sparked legal debate, with city lawyer Wahome Thuku arguing that the legislator may have no criminal case to answer.
Kaguchia was apprehended by Directorate of Criminal Investigations (DCI) officers outside the RMS offices in Nairobi, where he had spent the night after claiming security officers were pursuing him over remarks made during a live television appearance.
Lawyer Challenges Legal Grounds
Reacting to the development, Thuku dismissed the basis of the arrest, stating that while the MP’s comments may have been politically reckless, they do not meet the threshold of a criminal offence.
“Arresting him is one thing. After that, you can't do anything with him. You can even take him to court but it's still nonsense,” Thuku said.
He argued that Kaguchia’s statements, though potentially inflammatory, fall within the realm of political speech rather than criminal conduct.
According to the lawyer, the Office of the Director of Public Prosecutions (DPP) should guide investigative agencies on the limits of prosecutable speech.
“His actual words don’t constitute a crime. They are just politically bad and can cause bloodshed. The DPP should tell this to the Inspector General of Police and the DCI director,” he added.
Pattern of Political Crackdowns
Thuku also framed the incident within a broader political context, suggesting a recurring pattern where politicians seek refuge in media houses during state crackdowns.
He referenced past incidents, including one involving Kiharu MP Ndindi Nyoro, who previously spent time at RMS studios to avoid arrest during the previous administration.
“Kaguchia has spent a night in the same studio even after campaigning for and supporting President William Ruto,” Thuku noted, implying shifting political alliances do not shield leaders from state action.
Growing Concerns
The lawyer further criticised what he termed as a tendency by investigative agencies to act in ways that project activity rather than pursue sustainable prosecutions.
“But our DCI must appear to work,” he remarked.
The arrest has since drawn mixed reactions, with some leaders defending law enforcement action while others question its legality and timing amid rising political tensions ahead of the 2027 elections.