Kenya, 3 August 2026 - The High Court in Kiambu on Monday ordered the immediate release of Mukurweini MP John Kaguchia from police custody after granting him a Sh100,000 cash bail, pending the hearing of his application challenging his arrest.
Lady Justice Njoki Mwangi directed that the legislator be released forthwith upon depositing the cash bail, offering him temporary relief in his legal battle against the Inspector General of Police, the Director of Public Prosecutions and other respondents.
The orders were issued after the court certified Kaguchia's application as urgent and granted several prayers contained in his Notice of Motion filed on Monday.
The judge directed Kaguchia to immediately serve the application on the respondents, who have been given 14 days to file and serve their responses.
The MP was also granted leave to file a further affidavit within 14 days after being served with the respondents' replies, if necessary.
Justice Mwangi scheduled the case for virtual hearing on September 16, when the court will consider the substantive issues raised in the application.
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The case, filed at the Kiambu High Court under criminal miscellaneous application No. HCCRMISCAPPL/E070/2026, pits Kaguchia against the Inspector General of Police, the Director of Public Prosecutions and another respondent.
The court order follows Kaguchia's arrest over remarks that have generated political controversy and drawn reactions from opposition leaders, who have criticised the move as an attack on freedom of expression. Authorities, however, maintain that investigations and any subsequent action are being undertaken within the law.
The September hearing is expected to determine the merits of the MP's application as the legal challenge against his arrest proceeds.