Why Kaguchia? MP's arrest reignites questions over unequal justice

Mukurweini Member of Parliament John Kaguchia at a past event. [File,Standard]

The hunting down of Mukurweini MP John Kaguchia by hooded DCI officers and eventual arrest in a hardcore criminal version yesterday has stirred a political storm and ignited debate on whether the country's criminal justice system is applying the law equally to politicians accused of making inflammatory remarks.

As the MP was bundled into a DCI vehicle whose escort team sped to the DCI headquarters before a quick retreat to Kamukunji Police Station, where he was held for hours before recording a statement, political leaders and supporters from his constituency led the condemnation, accusing the government of employing double standards and selective justice.

The MP’s arrest followed remarks he made on Saturday during a political rally in Naromoru, Kieni Constituency, where he criticised residents supporting President William Ruto and leaders allied to him. Kaguchia accused President Ruto's administration of betraying former DP Rigathi Gachagua, and blamed the government for the deaths of young protesters during the Gen Z demonstrations.

Kaguchia warned those supporting "Kasongo" that they would be identified and recorded. He further said supporters of the President should not expect social support from the community, including assistance during funerals, dowry ceremonies or medical emergencies, telling them to seek help from Sugoi, President Ruto's rural home.

After appearing on Inooro TV's Kiririmbi show on Sunday evening, Kaguchia remained at the Royal Media Services studios overnight after claiming that armed security officers had surrounded the premises in an attempt to arrest him.

In a statement posted on his social media platforms after the TV show, the MP alleged that a contingent of hooded and masked armed men using Subaru vehicles had blocked access to the studios and mounted roadblocks, saying any arrest should be conducted within the law and through properly identified police officers.

On Monday morning, DCI officers led by Nairobi Regional Head of Investigations Daniel Kandie arrived at the offices and arrested the legislator. Kaguchia's supporters later claimed that Kandie wanted the MP to accompany him without initially disclosing the reasons for the arrest, which they described as unconstitutional.

The speed of the operation stood in sharp contrast to the handling of several high-profile politicians whose statements have, over the past two years, attracted public outrage, investigations by the National Cohesion and Integration Commission (NCIC) and demands for prosecution—but have not resulted in similar police action.

Opposition leaders, lawyers and governance experts are questioning whether investigative agencies are enforcing hate speech and incitement laws consistently or whether the criminal justice system has become another battleground in Kenya's escalating political rivalry ahead of the 2027 General Election.

Critics argue that other politicians accused of making statements with potentially graver consequences have escaped arrest despite attracting national condemnation.

Former Dadaab MP Farah Maalim has emerged as one of the cases frequently cited in the debate over the enforcement of laws against inflammatory speech. In the aftermath of the 2024 Gen Z protests, Maalim faced massive public uproar and was expelled from the Wiper Party following a July 2024 viral video where he allegedly stated he would have "slaughtered 5,000" Gen Z anti-tax protesters daily if he were president.

The comments triggered widespread condemnation, with critics accusing him of endorsing violence against demonstrators. However, Maalim rejected the interpretation of the remarks, dismissing the viral clip as edited and taken out of context. He maintained that his words had been manipulated through selective editing, arguing that portions of his speech had been cut and pieced together to create a different meaning from what he intended.

Former Defence Cabinet Secretary Aden Duale has previously found himself at the centre of controversy over remarks that attracted the attention of the NCIC. Duale faced criticism over comments made during a public event in Mandera County, which some critics interpreted as targeting the Mt Kenya region and promoting ethnic divisions.

He, however, defended his remarks, saying they had been taken out of context and that he was addressing issues affecting his community. The NCIC initiated inquiries into the matter, but Duale was not arrested by the Directorate of Criminal Investigations (DCI) over the statements.

Similarly, East African Legislative Assembly (EALA) member Hassan Omar has faced scrutiny over remarks touching on historical land injustices at the Coast, with critics accusing him of making statements that could inflame ethnic tensions. Omar maintained that his comments were meant to highlight long-standing grievances affecting coastal communities and later offered clarification over his remarks.

Despite the public debate and calls for accountability, there is no record of him being arrested by the DCI over the statements.

The cases have continued to fuel debate on whether laws against hate speech and incitement are applied consistently, especially when comparing the treatment of political leaders and ordinary citizens accused of making inflammatory remarks.

That contrast is what has fuelled accusations that State institutions are applying different standards depending on who is under investigation.

Lawyer Alexander Muchangi, a Democracy for the Citizens Party (DCP) parliamentary aspirant for Runyenjes Constituency, has accused the government of misusing public institutions to target opposition figures, arguing that the arrest of Mukurweini MP John Kaguchia was an example of State agencies being deployed to intimidate political opponents.

Muchangi said he had listened to remarks made by Omar and Duale, arguing that the statements were ethnically divisive and, in his view, more inflammatory than those attributed to Kaguchia.

He questioned why Kaguchia faced swift police action while other politicians accused of making similar or more serious remarks were not subjected to the same treatment.

"What is being done to Kaguchia is an example of government institutions being used to cripple the opposition. If Kaguchia was supporting President Ruto, I do not think he would have been arrested," Muchangi said.

“When it comes to hate speech, who is in charge? Is it the NCIC or the Directorate of DCI?” Njiru said.

“Why are we having double standards, when Health Cabinet Secretary, Aden Duale speaks in a derogatory manner, the NCIC is very swift to inform us that they have issued summons, when Hassan Omar castigates an entire community, nobody speaks but someone talks in a manner in which he/she expresses in ways people understand, you are whisked away by the DCI,” he added.

He demanded the arrest of leaders like Duale and his Public Service counterpart Geoffrey Ruku, United Democratic Alliance (UDA) Secretary General, Hassan Omar and Leader of Majority Party in the Senate, Aaron Cheruiyot and among other Kenyan-Kwanza allied leaders, accused of making inflammatory remarks.

Despite mounting pressure from the public, the CS declined to apologise and also stated he would not appear before the NCIC.

Even as the NCIC insists that it has been following the law, it has been on the receiving end, accused of not being effective in carrying out its duties.

NCIC said it is investigation former Deputy President Rigathi Gachagua, Duale, Geoffrey Ruku, Busia Governor Paul Utuoma, Sirisia MP John Waluke, Kipipiri MP Wanjiku Muhia and her Nakuru Town East counterpart, David Gikaria among others, insisting that no individual is above the law when issues of incitement arises

“We believe the law and the procedures we have as a commission so until someone raises a formal complaint, it puts us in a very awkward place because we do not know whether the clip that has been sent is AI generated so we have to be sure that it is a legitimate complaint sent to us. We take our time to be sure,” the NCIC said.

As Kaguchia was held in the Kamukunji police station yesterday, his opposition counterparts stood in solidarity, as they condemned what they termed his arrest as an intolerance from the State that should not be allowed to continue.

Wanjiku, the Kipipiri legislator, found herself in an almost similar situation in June, where she claimed harassment by State operatives, state capture and total abuse of the law.

She said her security was withdrawn and claimed that unknown vehicles had been trailing her over remarks she was accused of making while campaigning in Ol Kalou.

“I wish to inform the general public that could anything happen to me, the government is fully responsible...My personal driver has been arrested along Thika road while coming to pick me and I do not know his whereabouts,” she said in mid-June.

“The DCI, you were evidently seen putting him in a Subaru, taking over my car while three other Subarus followed him to unknown destination. Note my security was withdrawn, I am now driverless, and with no security! Could anything happen to me, the government is fully responsible,” she added.

Gachagua condemned what he termed as use of the criminal justice system to manage politics saying it is synonymous with what he described as outgoing, cowardly regimes.

According to Gachagua, the selective application of the law is counterproductive saying the forth Administration was notorious for using the criminal justice system to suppress dissent and force people to support an unpopular candidate but that did not work.

“In fact, the more they did it, the more people of Kenya became hardened, and their resolve grew stronger. 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 more,” Gachagua wrote yesterday.

Wiper Party leader, Kalonzo Musyoka also condemned what he described as arbitrary arrest of Kaguchia, over his public remarks.

“Let me be clear: we do not support incitement, from anyone. Every leader has a duty to protect peace and to respect the rule of law. The Constitution guarantees every Kenyan freedom of expression. The law must be applied fairly, not selectively,” he said.

“Yet Ruto's regime said "shoot and kill" against our own children. No action followed. The UDA Secretary General and a sitting Cabinet Secretary hurled tribal insults, one going so far as to call an entire community "hyenas." Again, no action. Why the double standard?”

He said justice in Kenya cannot depend on whether someone is pro-government or in the opposition.

“If incitement is the standard, apply it to everyone; Mukurweini MP or Cabinet Secretary, it does not matter. Selective justice is not justice. It has no place in our democracy,” he stated.

Kisii Senator Richard Onyonko also condemned the manner in which Kaguchia was picked from the studio.

“He is a member of Parliament, I don’t think he will run anywhere, I do not think he has killed anybody. Whatever he said, and I am not justifying it, there must be a better way on how you arrest people, follow due process. Whatever he said does not require state operatives, police and DCI officers to come and arrest him,” he said.

The arrest of Kaguchia quickly triggered demonstrations in Mukurwe-ini, where residents took to the streets accusing the government of using State machinery to intimidate voters from the Mt Kenya region over their political choices.

Carrying placards and chanting slogans demanding the MP's release, protesters marched through parts of the constituency, insisting that the arrest would not change their political decisions ahead of the 2027 General Election. They said they had already made up their minds on who to support and vowed to continue holding demonstrations until Kaguchia is released.

For the residents, the arrest was not only about the remarks that landed their MP in trouble but also what they described as attempts to silence a region that has expressed dissatisfaction with the current administration.

"We have serious issues facing this country, including the high cost of living, unemployment and corruption, but instead of addressing them, the government is busy intimidating us," said Thiga Marcus, a Mukurwe-ini resident.

Marcus said residents had supported President William Ruto in the 2022 General Election but accused his administration of turning against them after they expressed a change in political preference.

"In 2022, he was our friend and we voted for him. Today, because we have told him we shall not vote for him, he is calling us tribalists. We have made our decision and we will not change it. If he wants our support, he should seek it from Sugoi," he said

Karanja Maina a MCA from the constituency said residents were disappointed by the government's decision to arrest Kaguchia, arguing that authorities should have summoned the MP instead.

"The government should have used a summons and not arrested him. If Kaguchia had been summoned, we would have taken him to the DCI offices ourselves. The government has been unfair," Maina said.

The MCA questioned why Kaguchia was facing swift action while other leaders accused of making controversial statements had not faced similar treatment.

"The remarks they are purporting that our MP made cannot be compared to what Duale called us — hyenas. So Today we are out in large numbers to defend one of our hyenas," he said.

Maina warned that the continued detention of the MP would have consequences, saying residents would not remain silent.

"Business will not be as usual in Mukurwe-ini if our MP is not released," he said.

Grace Kagai, another resident, said residents had gathered expecting Kaguchia to attend an event in the constituency where he was scheduled to launch a feeding programme, only to receive news that he had been arrested.

"We were waiting for our MP to come and address us, but instead we heard that he had been arrested. We demand his immediate release," she said.

The protests in Mukurwe-ini were followed by condemnation from political leaders in Nyeri, Nyeri County Assembly Speaker James Gichuhi Mwangi said the law should apply equally to all leaders regardless of their political affiliation, warning that selective enforcement risked undermining public confidence in State institutions.

"There are no sacred cows. The law must apply to everyone equally. Why were leaders like Aden Duale, Hassan Omar and many others on the government side left out? This is what we call selective justice," Gichuhi said.

The Speaker argued that if political leaders are punished for statements considered inflammatory, the same standard should be applied across the political divide to ensure Kenyans have confidence in the justice system.

His sentiments were echoed by Nyeri gubernatorial aspirant Thuo Mathenge, who accused the government of intimidating opposition voices through State agencies.Mathenge said political differences should be settled through democratic engagement rather than the use of government institutions against leaders holding opposing views.

"The government should stop intimidating the opposition. Democracy allows people to have different political opinions, and leaders should not be targeted because they hold views that differ from those in power," Mathenge said.