The standoff surrounding Mukurweini MP John Kaguchia intensified on Sunday after lawyer Wahome Thuku dismissed any legal grounds for his arrest, arguing that the legislator’s remarks do not constitute a criminal offence.
Kaguchia has been at the centre of a growing controversy after claiming police were pursuing him following his appearance on a live television programme in Nairobi.
The MP alleged that officers had surrounded the media station and mounted roadblocks, insisting he would not be intimidated.
Weighing in on the matter, Thuku criticised the reported police action, stating that Kaguchia’s statements—though potentially controversial—fall outside the scope of criminal liability.
“From a criminal law perspective, there is really no offence that Hon John Kaguchia has committed,” Thuku said, while cautioning the MP over his public remarks.
He added that while Kaguchia may not have broken the law, his statements could still trigger political or social consequences.
“He should learn to take his mouth. His words could cause more problems than his arrest,” Thuku noted.
The lawyer further argued that criminal law does not apply to speculative or hypothetical statements about future events, including political scenarios tied to the 2027 General Election.
“You can't charge him for saying what will be done in 2027 if something else happens or doesn’t happen. That is speculative and has no place in criminal law,” he said.
Thuku also dismissed any suggestion that Kaguchia’s remarks could amount to incitement, noting that incitement requires immediacy and a clear link to potential violence.
“You can't incite anyone today to cause violence in August next year if some desired results won’t be realised,” he said, comparing such a move to “arresting someone for thinking about taking down the President.”