Business Bay Square (BBS Mall) has written to the National Cohesion and Integration Commission (NCIC) seeking investigations and action over public remarks made by former Deputy President Rigathi Gachagua.
Through its lawyers, MMA Advocates, BBS Mall lodged a formal complaint with NCIC Chairperson Samuel Kobia. A copy of the letter was also served to Gachagua.
The mall said it is not opposed to public discussion of crime or public figures commenting on national issues. However, it said its complaint focuses on how the remarks were made, how they were framed, and the likely harm they could cause.
The complaint follows remarks made by Gachagua on January 4, 2026, while attending a church service at AIPCA Kiratina Church in Githunguri Constituency, Kiambu County. The event was widely covered by the media.
During his address, Gachagua claimed that money meant to support people living with disabilities in Minnesota, USA, was stolen and brought to Kenya. He alleged the money was used to buy land, houses and build shopping malls in Eastleigh, and that US authorities were investigating those involved.
He further claimed that part of the money was allegedly used to fund the UDA party campaign, and made references to a mall in Eastleigh which he claimed was built using the said funds.
In the letter, BBS Mall said the remarks, as widely reported, strongly suggested that funds from the alleged Minnesota fraud were invested in a shopping mall in Eastleigh. Although Gachagua did not name the mall, the lawyers said the remarks clearly pointed to Business Bay Square (BBS Mall).
“We take the view that any ordinary person listening to or reading the remarks would understand them as referring to BBS Mall in Eastleigh along General Waruinge Street,” the lawyers wrote.
BBS Mall said it is a legally established business that hosts many companies, tenants, financiers and service providers. It said its reputation for lawful operations is critical to its relationships with banks, insurers, regulators, employees and tenants.
The lawyers warned that the remarks damage the mall’s reputation by portraying it as a beneficiary of criminal activity, without evidence or due process. They added that the impact is worsened by the fact that the statements were made by a former senior government official.
The complaint also raised concern over repeated references to Eastleigh, saying they could be understood as linking criminal activity to the Somali community and Somali-owned businesses, which could fuel ethnic tension.
“Kenya’s history shows the danger of unchecked divisive speech,” the lawyers said, urging NCIC to intervene.
BBS Mall has now asked the Commission to investigate the remarks fully, determine whether they amount to hate speech, ethnic contempt or conduct that undermines national cohesion, and take appropriate action. The mall also wants the matter referred for prosecution if the law allows.
Additionally, BBS asked NCIC to caution media houses against airing or repeating statements that may promote ethnic hatred, warning that uncritical coverage of such remarks worsens the harm and undermines national unity.
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