{"id":118053,"date":"2025-07-14T11:03:27","date_gmt":"2025-07-14T11:03:27","guid":{"rendered":"https:\/\/chezaspin.com\/blog\/index.php\/2025\/07\/14\/naivasha-mp-calls-out-dci-for-citing-annuled-law-as-she-snubs-summons\/"},"modified":"2025-07-14T11:03:27","modified_gmt":"2025-07-14T11:03:27","slug":"naivasha-mp-calls-out-dci-for-citing-annuled-law-as-she-snubs-summons","status":"publish","type":"post","link":"https:\/\/chezaspin.com\/blog\/naivasha-mp-calls-out-dci-for-citing-annuled-law-as-she-snubs-summons\/","title":{"rendered":"Naivasha MP calls out DCI for citing annuled law as she snubs summons"},"content":{"rendered":"

NAIROBI, Kenya, Jul 14 \u2013 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.<\/strong><\/p>\n

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 \u2014 an offence criminalized under Section 132 of the Penal Code.<\/p>\n

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<\/em>. <\/p>\n

The letter cites a declaration by Justice Chacha Mwita stating that Section 132 of the Penal Code was \u201cunconstitutional and invalid.\u201d<\/p>\n

\u201cOur client\u2026 finds herself unable to participate in a process founded upon a law that has been declared invalid,\u201d the letter circulated on Monday read.<\/p>\n

The DCI had said it sought to interview Kihara for allegedly disseminating \u201cinciteful or disruptive content\u201d following remarks made during recent public rallies. <\/p>\n

In particular, the MP criticized President William Ruto over his directive to security forces to shoot violent protesters in the leg \u2014 comments that sparked widespread attention.<\/p>\n

Defiance<\/h2>\n

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.<\/p>\n

\u201cThe days of intimidating leaders using the criminal justice system are long gone,\u201d she said on Sunday. <\/p>\n

\u201cSummoning me to DCI headquarters tomorrow will not change Kenyans\u2019 resolve, because this is not about Jayne Kihara but about our country, Kenya.\u201d<\/p>\n

\nMP who called Ruto \u2018mad\u2019 summoned by DCI over incitement<\/a>\n<\/div>\n

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\u2019s economic and governance policies.<\/p>\n

Kihara\u2019s 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.<\/p>\n

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.<\/p>","protected":false},"excerpt":{"rendered":"

NAIROBI, Kenya, Jul 14 \u2013 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 […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-118053","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/118053","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=118053"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/118053\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=118053"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=118053"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=118053"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}