Gachagua warns Kamukunji OCS over continued detention of MP Kaguchia

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.

“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.

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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.

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