NAIROBI, Kenya — Democracy for the Citizens Party (DCP) leader Rigathi Gachagua has declined to appear before the National Cohesion and Integration Commission (NCIC) on August 27, saying he will be out of the country on a pre-planned trip.
In a letter dated August 20, Gachagua’s lawyers, Kiragu Wathuta & Company Advocates, told the commission that their client would be unavailable from August 26 to October 20.
The lawyers were responding to an NCIC summons requiring the former Deputy President to assist with investigations into remarks allegedly made during several public events.
Rather than simply seeking a new date, however, Gachagua’s legal team challenged the basis and manner in which the allegations had been presented, demanding access to the full evidence before he participates in the process.
Lawyers demand full recordings
The NCIC has cited remarks allegedly made by Gachagua during a rally in Luanda, Vihiga County, on June 12, 2026.
The commission has also referred to remarks allegedly made at Gusii Stadium on February 23, where Gachagua is accused of making statements targeting Nyaribari Chache MP Zaheer Jhanda.
Other allegations relate to remarks allegedly made during Gachagua’s tour of Meru between July 25 and July 28.
Gachagua’s lawyers argued that the statements cited by NCIC were excerpts taken out of their broader context.
They asked the commission to provide the original audio-visual recordings of the rallies and events, together with certified transcripts.
According to the lawyers, the material is necessary for Gachagua to understand the allegations fully and prepare an informed response.
The legal team also questioned the absence of precise dates, times and locations for some of the remarks, particularly those attributed to Gachagua during his Meru tour.
Gachagua challenges NCIC’s case
The lawyers further requested certified translations of any statements that were not made in English or Kiswahili.
They argued that official translations would be necessary to ensure that the allegations are accurately understood and fairly assessed.
Gachagua’s legal team also rejected the substance of the allegations, arguing that the remarks cited by NCIC did not amount to offences under the National Cohesion and Integration Act.
They maintained that the statements did not incite contempt, hatred, hostility, violence or discrimination against any individual, group or community on the basis of ethnicity or race.
On that basis, the lawyers argued that the investigation was unnecessary and outside the commission’s mandate.
The arguments, however, represent Gachagua’s legal position and do not determine whether the commission has jurisdiction or whether the alleged remarks breached the law.
Lawyers seek rules of engagement
Gachagua’s lawyers also asked NCIC to clarify the procedures that would govern his participation in the investigation.
Among other things, they sought clarification on whether he would be allowed to appear with his lawyers, produce evidence, call witnesses and obtain copies of the complaints and supporting material.
The requests indicate that Gachagua intends to challenge the allegations while maintaining that he is prepared to engage with the commission.
“We wish to confirm that 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.
They asked NCIC to provide the requested material and facilitate Gachagua’s participation after his return.
Political speech argument
The legal team also urged NCIC to take into account the political environment in which the remarks were allegedly made.
They argued that political discourse, particularly during an active political season, should allow room for divergent opinions and criticism without automatically being treated as a threat to national cohesion.
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The argument comes as political parties and politicians intensify mobilisation ahead of the 2027 General Election.
Gachagua has emerged as one of the leading opposition figures challenging President William Ruto’s administration and has repeatedly used public rallies to criticise the government and its policies.
The NCIC is mandated to promote national cohesion and integration and to investigate complaints and conduct that may undermine peaceful coexistence among Kenya’s communities.
Kaluma also declines NCIC summons
Gachagua is not the only politician to have declined a recent NCIC summons.
Homa Bay Town MP Peter Kaluma also declined to appear before the commission over remarks he allegedly made concerning the Linda Mwananchi tour of Homa Bay County.
Kaluma cited unavoidable state duties for his absence.
The developments come as the commission faces the challenge of balancing political expression with its mandate to address speech and conduct that could threaten national cohesion.
For Gachagua, the next step will depend on whether NCIC provides the evidence and procedural information requested by his lawyers and whether the commission agrees to reschedule his appearance.
For now, his legal team has made clear that declining the August 27 summons does not amount to a refusal to cooperate.
Instead, they say he wants the investigation conducted on the basis of complete evidence and proper procedure.
