Africa-Press – Kenya. Days after being summoned by the Directorate of Criminal Investigations (DCI), Naivasha Member of Parliament Jayne Kihara has declined to honour the summons.
In an official statement dated July 14, shared by her legal representative, Ndegwa Njiru, the lawmaker cited constitutional grounds challenging the validity of the law under which she was summoned.
According to Advocate Njiru, the summons is based on a section of the Penal Code that was declared unconstitutional in 2017.
The summons, dated July 11, called for the MP to present herself at the DCI headquarters for questioning regarding an alleged offence of undermining the authority of a public officer. The DCI indicated that they had reason to believe Kihara could provide useful information to aid their probe.
“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.
However, in a quick response, the MP, through her lawyers, stated that she was regrettably unable to assist in the investigations, prompting her to decline 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.
Section 132 was once used to prosecute individuals for undermining public officers; however, it was struck down by High Court Justice Mwita, who ruled it unconstitutional, issuing a firm declaration that the provision was invalid.
“A declaration is hereby issued that section 132 of the Penal Code is unconstitutional and invalid,” Mwita ruled during the judgment, as quoted by Kihara’s lawyers.
Kihara’s lawyers argue that cooperating with a process based on a defunct statute would contravene her constitutional obligations to uphold and defend the Constitution.
The MP had been slated to appear at the DCI Headquarters on Monday at 10 am.
DCI had warned that her failure to comply with the summons would amount to an offence liable to prosecution. All eyes are now on the investigators who are yet to respond to her refusal to show up.
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