Former Deputy President Rigathi Gachagua has explained why he will not appear before the National Cohesion and Integration Commission (NCIC) on August 27 after being summoned to assist in ongoing investigations into alleged utterances attributed to him at various public events.
Through his lawyers, Gachagua said he is willing to cooperate with the commission but wants access to the evidence and information relating to the allegations before participating in the investigations.
In a letter dated Friday, August 21, and addressed to NCIC, the lawyers said the statements cited by the NCIC were excerpts rather than complete utterances.
They argued that the full context was necessary for Gachagua to adequately prepare for the investigations.
"This is therefore to request that you avail an authentic copy of the original audio visual footage of the public rallies and events that are referred to in your letter together with a duly certified transcription thereof to enable our Client to review and prepare for the investigations," the letter read.
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Gachagua's legal team also raised concerns over what it described as a lack of precise details concerning when and where some of the alleged utterances were made, particularly those relating to his tour of Meru County.
"While you have not provided the time when all the alleged utterances were made, for the so called Meru tour you have not provided even the dates when or location within Meru County where each statement is alleged to have been made. You appreciate the difficulties that this imprecision puts our Client in.
"He cannot tell whether he was in Meru in the first place or any of the other locations that are stated in your letter. We are therefore requesting that you provide precise location(s), date and time when each of the utterances under investigation are alleged to have been made," the letter added.
The lawyers further argued that some of the statements listed in the summons were not in either English or Kiswahili, and therefore required official translation before they could form a proper basis for investigations.
"The above statement is neither in English nor Kiswahili language. Without an official translation by an expert in the language used therein any investigations would not be helpful. We are therefore requesting for a certified official translation in respect of all the statements or part thereof that are not in the official languages of English or Kiswahili," the letter further read.
Gachagua's lawyers also disputed the NCIC's basis for investigating the alleged statements, arguing that even if the statements had been made, they did not amount to offences under the National Cohesion and Integration Act.
"In their literal, contextual or figurative meaning the statements do not amount to threatening, abusive or insulting expressions coupled with an intention to stir up ethnic hatred, or circumstances in which ethnic hatred is likely to be stirred up.
"Besides, the statements do not incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race. In short, the statements do not in any way fall within the purview of the mandate of NCIC. The investigation is therefore unnecessary," the letter noted.
The legal team also asked the commission to provide the rules of procedure it intends to use in conducting the investigations, saying they had been unable to trace the relevant rules and regulations.
Gachagua maintained that he remained willing to cooperate with the commission provided he was given the necessary information and documentation concerning the allegations.
"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. It is His request that he be furnished with the stated material for purposes of the investigation alluded to in the letter under reply," the letter added.
The lawyers, however, informed the NCIC that Gachagua would not be available on August 27, when he had been required to appear before the commission at 2pm, citing a pre-planned foreign trip.
"We advise that the aforesaid date is not convenient for His Excellency since he will be out of the country on a pre-planned and widely publicized foreign trip. His Excellency will be out of the Country between 26th August, 2026 and 20th October, 2026.
"Since the foreign trip was planned way before the Summons were issued, the circumstances beyond our Client’s control have constrained to register his unavailability on 27th August, 2026," the letter concluded.
In a letter dated Tuesday, August 18, NCIC said it is investigating various utterances allegedly made by Gachagua at public forums in Vihiga, Kisii and Meru counties.
"Whereas the National Cohesion and Integration Commission is investigating various utterances you made on diverse dates and at different public forums within the Republic of Kenya," the summons stated.
According to NCIC, one of the incidents under investigation occurred on June 12, 2026, at Luanda in Vihiga County during a public rally.
The commission is also investigating remarks allegedly made by Gachagua on February 23, 2026, at Gusii Stadium in Kisii County, where he was addressing political issues involving local leaders.
NCIC further cited remarks made during Gachagua’s tour of Meru between July 25 and July 28, 2026.
Some of the remarks made during the Meru tour concerned President William Ruto, the leadership of the Mount Kenya region and the then Chief Justice Martha Koome.
Gachagua was directed to appear before the commission on Thursday, August 27, at 2:00 pm.
He is required to appear in person at the NCIC offices at Britam Towers in Upper Hill, Nairobi, to assist with the ongoing investigations.
NCIC warned that failure to honour the summons could trigger further legal action.
"Penal notice: take notice that failure to appear in person at the aforementioned place, date, and time will lead to warrants of arrest being issued for your arrest and production before the Commission and/or the institution of criminal and/or contempt proceedings against you," the summons added.
