DCP party leader Rigathi Gachagua 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 foreign trip.
In a letter dated August 20, Gachagua’s lawyers, Kiragu Wathuta & Company Advocates, said their client would be unavailable on the date set by the commission and would be out of the country from August 26 to October 20.
The lawyers were responding to NCIC summons requiring Gachagua to appear before the commission to assist with investigations into remarks allegedly made at various public events.
The commission cited remarks allegedly made by Gachagua on June 12, 2026, during a rally in Luanda, Vihiga County; on February 23 at Gusii Stadium, where he allegedly targeted Nyaribari Chache MP Zaheer Jhanda; and during a tour of Meru between July 25 and July 28.
Gachagua’s lawyers, however, challenged the manner in which the allegations have been presented, arguing that the statements cited by NCIC were excerpts that did not provide their full context.
They asked the commission to provide original audio-visual recordings of the rallies and events, together with certified transcripts, to enable Gachagua to prepare for the investigation.
The lawyers also faulted NCIC for failing to give precise dates, times and locations for some of the alleged utterances, particularly those attributed to Gachagua during his Meru tour.
They further asked for certified translations of statements that were not made in English or Kiswahili, arguing that investigations could not be properly conducted without an official translation.
Gachagua’s legal team also rejected the substance of the allegations, saying the remarks cited by the commission did not amount to offences under the National Cohesion and Integration Act.
They maintained that the remarks did not incite contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race.
The lawyers consequently argued that the investigation was unnecessary and fell outside NCIC’s mandate.
They also sought the commission’s rules of procedure, including clarification on whether Gachagua would be allowed to appear with his lawyers, produce evidence, call witnesses and receive copies of the complaints and supporting evidence.
Despite declining to appear on August 27, the lawyers said Gachagua 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.
Homa Bay Town MP Peter Kaluma also declined to appear before the commission over remarks he made concerning the Linda Mwananchi tour of Homa Bay county last week.
He cited unavoidable state duties.
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