NAIROBI, Kenya Aug 21 – Former Deputy President Rigathi Gachagua will not appear before the National Cohesion and Integration Commission (NCIC) on August 27 after informing the commission that he will be out of the country on a pre-planned foreign trip.
Through his lawyers, Gachagua said his trip had been scheduled and publicly known before the commission issued the summons requiring him to appear at 2pm on August 27 over alleged inflammatory remarks made at various public forums.
In a letter dated August 20, 2026, lawyers from Kiragu Wathuta & Company Advocates said Gachagua would be out of the country from August 26 to October 20, making it impossible for him to attend the NCIC session.
The lawyers said the circumstances surrounding the trip were beyond their client’s control and asked the commission to take his unavailability into account.
“His Excellency is ready and willing to assist the Commission in any capacity and to participate in any lawful investigation, inquiry or proceedings on the basis of full information and full disclosure,” the lawyers said.
The response comes after NCIC summoned Gachagua to explain remarks allegedly made in Vihiga, Kisii and Meru. The commission is investigating whether the statements violated provisions of the National Cohesion and Integration Act relating to hate speech and incitement.
Lawyers demand evidence
While explaining his absence, Gachagua’s lawyers also challenged the manner in which the allegations had been presented, arguing that the NCIC summons contained excerpts rather than the full statements attributed to their client.
They demanded authentic audio-visual recordings of the rallies and public events where the alleged remarks were made, together with certified transcripts.
The legal team argued that the complete statements were necessary to establish the context in which the words were spoken and enable Gachagua to adequately prepare for the investigations.
“It is only the complete and accurate content of any utterances that can provide the correct context as well as content and thereby form the basis of any proper investigations,” the lawyers said.
The lawyers also demanded precise dates, times and locations for the alleged remarks, particularly those said to have been made during Gachagua’s Meru tour between July 25 and July 28.
They argued that references to “diverse dates” and unspecified public events made it difficult for their client to determine exactly which incidents he was expected to respond to.
Dispute over alleged remarks
Gachagua’s lawyers further challenged the language used in some of the statements supplied by NCIC, arguing that parts were neither in English nor Kiswahili.
They asked the commission to provide certified translations by an expert in the language used before the investigation proceeds.
The legal team also rejected the suggestion that the remarks attributed to Gachagua amounted to hate speech or ethnic incitement.
They argued that even if the statements were proven to have been made, they did not contain threats, abuse or insults intended to stir ethnic hatred, nor did they incite contempt, hostility, violence or discrimination based on ethnicity or race.
The lawyers therefore maintained that the statements did not fall within NCIC’s mandate.
NCIC has said it is investigating the allegations to establish whether Gachagua’s remarks amounted to offences under the law. The commission had directed him to appear on August 27 and warned of further action if he failed to honour the summons.
Rules governing investigation
Gachagua’s legal team also wants NCIC to disclose the rules and procedures it will use in conducting the investigation.
The lawyers asked whether the former Deputy President would be allowed to appear with his advocates, present evidence, call witnesses and receive copies of the complaints and supporting evidence.
They argued that these issues were important to ensuring his constitutional right to fair administrative action and a fair hearing.
The lawyers said Gachagua was not opposed to the investigation but wanted the process conducted on the basis of full information and disclosure.
The former Deputy President’s lawyers also accused the commission of potentially blurring the line between political disagreement and offences relating to national cohesion.
They urged NCIC not to unnecessarily characterise political discourse as contrary to national cohesion and integration.
“Divergence of political views is not an affront to national cohesion and integration. On the contrary, it promotes the two,” the lawyers said.
Gachagua has emerged as a leading critic of President William Ruto since his removal from the Deputy Presidency in October 2024 and has been actively mobilising ahead of the 2027 General Election.
The NCIC summons come as political rhetoric intensifies ahead of the elections, with the commission increasingly scrutinising statements by politicians and other public figures for possible violations of laws governing hate speech and ethnic incitement.
Gachagua’s lawyers have asked NCIC to provide the requested material and give him an opportunity to participate in the process once he is available.
