Naivasha MP Jayne Kihara has refused to appear before the DCI after being summoned over remarks criticizing President William Ruto.
She had called the President “mad” for directing police to shoot violent protesters in the leg. The DCI asked her to appear on July 14 over allegations of spreading “inciteful or disruptive content” under Section 132 of the Penal Code.
In a letter dated July 14, her lawyer Ndegwa Njiru said the section used in the summons was declared unconstitutional in 2017 by the High Court in the Robert Alai v Attorney General case.
“She is unable to assist in your investigations,” the letter said. “Section 132 was declared unconstitutional and invalid.”
Justice Mwita ruled that the law was vague, broad, and violated free speech. And could be exploited to silence dissenters.
Kihara’s legal team argued that cooperating would go against her duty to uphold the Constitution.
The DCI said she might have information relevant to their probe and warned that ignoring the summons could lead to prosecution. As of now, the DCI has not responded to her refusal.
Kihara is a known critic of the Ruto administration and an ally of former Deputy President Rigathi Gachagua. Her remarks came during a period of unrest following the Saba Saba protests and the June 25 Gen Z demonstrations.
By Vivian K.