Why UDA MP Snubbed DCI Summons

The summons, issued on July 11, had directed Kihara to appear at DCI headquarters for questioning over accusations of undermining the authority of a public officer.

Viral Tea Ke Writer Viral Tea Ke Writer
Jul 15, 2025 - 11:37 Updated: Jul 15, 2025 - 11:39
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Why UDA MP Snubbed DCI Summons
Officers outside the DCI headquarters along Kiambu Road. /DCI

Naivasha Member of Parliament (MP) Jayne Kihara has refused to comply with a summons from the Directorate of Criminal Investigations (DCI), just days after being called in.

In a statement released on July 14 by her lawyer, Ndegwa Njiru, Kihara challenged the summons on constitutional grounds, arguing that the legal basis used to summon her is invalid.

Njiru pointed out that the section of the Penal Code cited by the DCI was ruled unconstitutional back in 2017.

The summons, issued on July 11, had directed Kihara to appear at DCI headquarters for questioning over accusations of undermining the authority of a public officer. The DCI claimed she might have information useful to their investigation.

Naivasha Member of Parliament (MP) Jayne Kihara during a past address. /CITIZEN DIGITAL

“I have reasons to believe that you, Jayne Njeri Wanjiku Kihara, MP Naivasha Constituency, are connected to the offence or have information that can assist me in my investigations,” the letter by DCI read in part.

In a swift reply, the MP, through her legal team, said she was unfortunately unable to contribute to the investigation, leading her to reject the summons.

“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 Attorney General, Constitutional Petition No. 174 of 2016,” the letter by the lawyers read in part.

“Our client, in fulfilment 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."

Section 132, previously used to charge individuals with undermining public officers, was nullified by High Court Judge Mwita, who ruled it unconstitutional and officially declared the provision invalid.

Kihara’s legal team contends that complying with a process grounded in a repealed law would violate her constitutional duty to uphold and protect the Constitution.

In their response to Njiru, the DCI admitted that the summons had cited the wrong legal provision but clarified that the mistake has since been corrected.

“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 ordered to appear at DCI headquarters on Wednesday, July 16 at 10.30 am, under the corrected summons.

A letter from Assistant Inspector General of Police George Lenny Kisaka indicated that she’s under investigation for allegedly spreading inciteful or disruptive content, accused of violating Section 132 of the Penal Code, which criminalises actions seen as undermining public officials’ authority.

This development comes amid escalating political tensions, especially as leaders aligned with former Deputy President Rigathi Gachagua — including Kihara — continue to criticise the government.

Rigathi Gachagua speaking during the launch of his DCP party on May 15, 2025 in Lavington, Nairobi. /RIGATHI GACHAGUA

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