Naivasha Member of Parliament Jane Kihara on Monday, July 14, declined to appear before the Directorate of Criminal Investigations (DCI) despite being summoned.
Kihara had been summoned by George Kisaka, the Assistant Inspector General of Police based at the DCI headquarters, to present herself on Monday.
According to the summons dated July 11, the UDA MP is accused of disseminating inciteful or disruptive content.
"I have reasons to believe that you, Hon. Jayne Njeri Wanjiku Kihara, MP Naivasha Constituency, is connected to the offence or have information that can assist me in my investigations," partly read the summons letter.
However, Kihara, through her lawyer Ndegwa Njiru, informed the DCI that she would not honor the summons, arguing that it was based on a section of the Penal Code that was declared unconstitutional in 2017.
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“While our client may hold a contrary belief, which differs from yours, she is, regrettably, unable to assist in your investigations. This is primarily because the section under which she has been summoned, Section 132 of the Penal Code, was declared unconstitutional by the High Court of Kenya in Robert Alai v Hon. Attorney General, Constitutional Petition No. 174 of 2016.
“Our client, in fulfillment of her obligation under Article 3 of the Constitution of Kenya to respect, uphold, and defend the Constitution, finds herself unable to participate in a process founded upon a law that has been declared invalid,” Njiru’s letter to the DCI read in part.
DCI, in a response to Njiru, said a wrong section of the law was captured in the summons and that the error has been rectified.
“The wrong section of the law was erroneously captured in the summons and has since been rectified. Kindly note that the investigations relate to an inquiry of several offences that include Offensive Conduct Conducive to Breaches of the Peace Contrary to Section 94(1) of the Penal Code, Cap 63 Laws of Kenya, among other criminal offences,” DCI stated.
Kihara has now been summoned to present herself before the DCI headquarters on Wednesday, July 16, as per the revised summons.
“Kindly advise your client to comply and report to our offices at DCI Headquarters, Mazingira Complex, Kiambu Road, Nairobi, on Wednesday, 16th July, 2025, at 10:30 AM stipulated in the said summons,” DCI added.
