Naivasha MP Jayne Kihara Refuses to Honour DCI Summons, Citing Unconstitutional Law
Naivasha Member of Parliament Jayne Kihara has declined to appear before the Directorate of Criminal Investigations (DCI) just days after she was summoned.
The lawmaker, through her lawyer Ndegwa Njiru, released a formal statement on July 14 explaining her reasons for refusing to honour the summons.
Kihara’s legal team strongly objected to the summons, arguing that it was based on a section of the Penal Code that was ruled unconstitutional years ago. Advocate Njiru pointed out that the DCI’s directive was grounded in Section 132 of the Penal Code, which was nullified by the High Court in 2017.
The summons, which was issued on July 11, required the MP to report to DCI headquarters for questioning. The investigation relates to allegations of her undermining the authority of a public officer. According to the DCI, they believed the MP might be linked to the offence or might possess crucial information that would assist them in their investigation. A portion of the DCI letter stated:
“I have reasons to believe that you, Jayne Njeri Wanjiku Kihara, MP for Naivasha Constituency, are connected to the offence or have information that can assist me in my investigations.”
However, the MP responded swiftly through her legal counsel, expressing her unwillingness to participate in a process she believes is flawed. Her lawyers stated that Kihara could not assist in the investigation because the legal provision used as the basis for the summons was invalidated by the courts.
The letter from her lawyers read in part:
“While our client may hold a differing opinion from yours, she is, regrettably, unable to aid your investigations. This is mainly because the section under which she was summoned—Section 132 of the Penal Code—was declared unconstitutional by the High Court in the case of Robert Alai v Attorney General, Constitutional Petition No. 174 of 2016.”
Section 132 was previously used to charge individuals accused of undermining public officials. However, Justice Mwita of the High Court nullified it in a landmark judgment, declaring that it violated constitutional freedoms.
“A declaration is hereby issued that Section 132 of the Penal Code is unconstitutional and invalid,” ruled Justice Mwita, a statement now being used by Kihara’s lawyers to support her position.
The MP’s legal team argues that by taking part in an investigation founded on a law already struck out by the courts, Kihara would be going against her constitutional duty to respect, uphold, and protect the Constitution of Kenya.
Kihara had been expected to appear at the DCI headquarters on Monday at 10 a.m. However, her refusal to honour the summons has left the DCI with a decision to make. The investigative agency had earlier warned that ignoring the summons could lead to prosecution. For now, the country waits to see how the DCI will respond to the MP’s defiance.
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