DCP leader Rigathi Gachagua has declined to appear before the National Cohesion and Integration Commission (NCIC) on August 27, citing a pre-planned foreign trip.
In a letter dated August 20, Gachagua’s lawyers, Kiragu Wathuta & Company Advocates, informed the commission that their client would be out of the country from August 26 to October 20 and would therefore be unavailable on the date specified in the summons.
The lawyers were responding to an NCIC summons requiring Gachagua to appear before the commission to assist with investigations into remarks allegedly made during several public events.
The commission has cited statements allegedly made by Gachagua on June 12, 2026, during a rally in Luanda, Vihiga County; on February 23 at Gusii Stadium, where he allegedly made remarks concerning Nyaribari Chache MP Zaheer Jhanda; and during his tour of Meru between July 25 and July 28.
Gachagua’s legal team, however, challenged the manner in which the allegations were presented, arguing that the statements cited by NCIC were excerpts that did not provide their full context.
The lawyers asked the commission to provide original audio-visual recordings of the rallies and other events, together with certified transcripts, to enable Gachagua to adequately prepare for the investigation.
They also faulted NCIC for failing to provide precise dates, times and locations for some of the alleged remarks, particularly those attributed to Gachagua during his Meru tour.
The lawyers further requested certified translations of statements that were allegedly not made in English or Swahili, arguing that the investigation could not be properly conducted without official translations.
Gachagua’s legal team also rejected the substance of the allegations, arguing that the remarks cited by the commission did not amount to offence under the National cohesion nd Integration Act.
The lawyers 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.
They consequently argued that the investigation was unnecessary and fell
The lawyers 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.
They consequently argued that the investigation was unnecessary and fell outside NCIC’s mandate.
The legal team also asked NCIC to provide its rules of procedure and clarify whether Gachagua would be allowed to appear with his lawyers, present evidence, call witnesses and receive copies of the complaints and supporting evidence.
Despite declining to appear on August 27, the lawyers said the DCP leader remained willing to cooperate 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 in the process.
The lawyers also urged the commission to allow political discourse, particularly during the current political season, arguing that divergent political views should not automatically be treated as a threat to national cohesion.
Gachagua’s decision comes amid increased political activity ahead of the 2027 General Election, with political leaders facing greater scrutiny over statements made during rallies and public engagements.
Kaluma also declines NCIC appearance
The development comes days after Homa Bay Town MP Peter Kaluma also declined to appear before NCIC over remarks he allegedly made concerning the Linda Mwananchi tour of Homa Bay County.
Kaluma cited unavoidable state duties for his inability to attend the commission’s summons.
