A legal dispute has emerged over the continued detention of Mukurweini MP John Kaguchia after the Kiambu High Court ordered his release on police cash bail pending the hearing of his application.
The court directed that the legislator be released immediately upon depositing Ksh100,000 police cash bail and scheduled the matter for further hearing on September 16, 2026.
The court orders, issued by Lady Justice Njoki Mwangi on Monday, August 3, followed the filing of an urgent application by Kaguchia against the Inspector General of Police, the Director of Public Prosecutions and another respondent.
According to the court order, Njoki granted several prayers sought in the application, including an order that Kaguchia be released from police custody upon depositing the police cash bail.
The court document also carried a warning on the consequences of failing to comply with its directives.
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"Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," the order read.
Despite the issuance of the court order, former Deputy President Rigathi Gachagua has claimed that Kaguchia was still being held at Kamukunji Police Station.
"The OCS of Kamukunji Police Station is being misled by his seniors into ignoring the court order, which has already been served upon him, and continuing to detain Hon. John Kaguchia," he wrote.
Gachagua cautioned the officer in charge of the station to comply with the High Court's directive, arguing that personal liability could arise from disobeying a court order.
"My advice to the OCS is to obey the court order, as he will be held personally liable for contempt of court. When that time comes, his seniors will be nowhere to be found when he is cited for contempt," he added.
Gachagua also referred to the case involving the Officer Commanding Station (OCS) of Central Police Station, urging the Kamukunji OCS not to follow what he described as unlawful instructions.
"He must remember that his colleague, the OCS of Central Police Station, is still in remand prison, charged with murder after obeying unlawful orders to torture the late Albert Ojwang at Central Police Station," he further said.
Notably, Kaguchia was arrested after warning Mt Kenya residents against voting for President William Ruto in the 2027 General Election.
Speaking at a rally over the weekend in Kieni, Nyeri County, Kaguchia said those who will vote for Ruto would be tracked to their homes and smoked out.
"If we get even one vote for Kasongo or his supporters in Kieni, we will follow you and get you out from under your bed because we must keep a record of those supporting that man," he said.
In a statement earlier Monday, Gachagua said the arrest was a misuse of the criminal justice system to persecute political rivals.
He condemned what he termed the selective application of the law to manage politics by outgoing regimes, deeming the move as not only cowardly, but also counterproductive.
"The overnight harassment and early morning arrest of Hon John Kaguchia today only strengthened the resolve of our supporters, but also elevated his standing within our leadership hierarchy. Our lawyers are doing everything possible to secure his release on bond pending his arraignment tomorrow," he stated.
Gachagua took a swipe at Ruto and reminded him of how he himself criticised former President Uhuru Kenyatta's administration for the arbitrary arrest of politicians allied to him ahead of the 2022 General Election.
He recounted how Uhuru's regime was notorious for using the criminal justice system to suppress dissent and force people to support an unpopular candidate, but failed.
Gachagua claimed that Ruto himself enjoyed the popularity he gained following the alleged persecution of his foot soldiers when he was DP, but questioned why he had not learned from his predecessor.
"William Ruto, then the Deputy President, wondered aloud how foolish the system was, and he seemed to enjoy every arrest; his harassed foot soldiers became overnight celebrities and darlings of the people. This greatly strengthened his presidential bid the most.
"As President, he is doing exactly what he said at the time was foolish. Has it become wiser?" he posed.
