Gachagua Declines NCIC Summons, Citing Planned Foreign Trip and Demanding Full Evidence

DCP party leader Rigathi Gachagua has declined to appear before the National Cohesion and Integration Commission (NCIC) on August 27, saying he will be outside the country on 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 unavailable from August 26 to October 20.

The legal team was responding to an NCIC summons requiring Gachagua to assist with investigations into remarks he allegedly made at several public events.

NCIC Cites Remarks Made at Political Rallies

The commission has raised questions over statements allegedly made by Gachagua on June 12, 2026, during a rally in Luanda, Vihiga County.

NCIC has also cited remarks allegedly made on February 23 at Gusii Stadium, where Gachagua is accused of targeting Nyaribari Chache MP Zaheer Jhanda.

The commission further wants to question him over statements allegedly made during a tour of Meru between July 25 and July 28.

Gachagua's lawyers, however, have challenged the way the allegations have been presented, arguing that the statements cited by NCIC consist of excerpts that do not provide the full context in which the remarks were made.

Lawyers Demand Original Recordings

The legal team has asked NCIC to provide original audio-visual recordings of the rallies and other events cited in the summons, together with certified transcripts.

The lawyers said the material was necessary to allow Gachagua to properly understand the allegations and prepare for the investigation.

They also questioned the lack of 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 any statements that were not delivered in English or Kiswahili, arguing that an official translation would be necessary for a proper investigation.

Legal Team Challenges NCIC's Case

Gachagua's lawyers also rejected the substance of the allegations, arguing that the remarks cited by the commission did not constitute 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 fell outside NCIC's legal mandate.

The legal team also asked NCIC to provide its rules of procedure and clarify whether Gachagua would be permitted to appear with his lawyers, present evidence, call witnesses and obtain copies of the complaints and supporting material.

Gachagua Says He Is Willing to Cooperate

Although declining to appear on August 27, Gachagua's lawyers stressed that he 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 information and facilitate Gachagua's participation once the necessary material had been supplied.

The lawyers also urged the commission to protect space for political debate, particularly during the current political season, arguing that differences in political opinion should not automatically be interpreted as threats to national cohesion.

Kaluma Also Declines NCIC Appearance

Gachagua's decision comes as another prominent Kenyan politician has also declined an NCIC summons.

Homa Bay Town MP Peter Kaluma this week 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 Kenya's political activity intensifies, placing increased attention on the boundaries between political expression, public debate and remarks that could potentially breach laws governing national cohesion.

For Gachagua, the next stage of the dispute is likely to depend on whether NCIC provides the evidence and procedural information requested by his lawyers and how the commission responds to his decision to postpone his appearance.