Babu Owino condemns John Kaguchia arrest as MPs’ row over freedom of speech escalates
Embakasi East MP Babu Owino has condemned the arrest of Mukurweini MP John Kaguchia, warning that the detention of a lawmaker over controversial remarks could set a dangerous precedent for freedom of expression in Kenya.
Owino said political disagreement should not be used as a basis for arrest in a constitutional democracy, arguing that freedom of expression extends to opinions that may be unpopular, controversial or critical of those in power.
In a statement, the Embakasi East legislator said he strongly opposed what he described as Kaguchia’s “arbitrary arrest” by the government.
“Some people may disagree with what he said, but in a constitutional democracy, disagreement is never a justification for arrest,” Owino said.
He argued that constitutional protections for free speech are particularly important when the views being expressed are controversial or unpopular.
According to Owino, allowing a person to be arrested simply because of remarks made in a political setting could have wider implications for politicians, activists and ordinary Kenyans.
“Today it is Kaguchia; tomorrow it could be anyone else,” he warned.
Owino further pledged to defend what he described as every Kenyan’s constitutional right to express themselves without fear of intimidation, harassment or arbitrary arrest.
Kaguchia arrested after night at RMS
The remarks came after Kaguchia was taken into custody following a tense overnight standoff at the Royal Media Services (RMS) premises.
The Mukurweini MP had reportedly sought refuge at the media station after raising concerns that security officers were waiting to arrest him.
Footage circulated on Monday showed the legislator being taken into custody at the RMS offices after he had spent the night there.
Kaguchia had earlier raised the alarm over what he described as heavily armed and hooded men surrounding the media station, claiming that the operation was aimed at apprehending him.
Opposition politicians and lawyers reportedly remained at the premises overnight as tensions mounted, with the incident triggering renewed debate over the treatment of political leaders and the limits of state power.
Kaguchia is being investigated over remarks authorities have reportedly characterised as incitement. The comments were allegedly made during a political gathering in Kieni Constituency, Nyeri County, on August 1.
Lawyers accuse DCI of blocking access
The controversy intensified after lawyers representing Kaguchia accused the Directorate of Criminal Investigations (DCI) of preventing them from accessing their client following his arrest.
In a statement shared on X, lawyers Ndegwa Njiru and Wakili Muriu said they went to DCI headquarters shortly after Kaguchia was arrested from the RMS premises.
However, the legal team alleged that they were denied access to the legislator despite presenting themselves at the headquarters.
The lawyers’ claims have added another layer to the dispute, with questions emerging over Kaguchia’s access to legal representation following his arrest.
The developments have also reignited concerns among opposition figures over the use of security agencies in politically sensitive cases.
For Owino, however, the central issue remains the protection of freedom of expression.
His warning that “today it is Kaguchia; tomorrow it could be anyone else” is likely to intensify the political debate surrounding the MP’s arrest, particularly as questions continue to emerge over the circumstances leading to his detention and the investigation into his remarks.
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