Former Deputy President Rigathi Gachagua will not appear before the National Cohesion and Integration Commission (NCIC) on August 27 over remarks allegedly made during several public events.
In a letter dated August 20, Gachagua’s lawyers informed the commission that their client would be out of the country from August 26 to October 20 on a foreign trip that had been scheduled before the summons was issued.
“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 publicised foreign trip. His Excellency will be out of the Country between 26th August, 2026, and 20th October, 2026,” the lawyers stated.
The Democracy for Citizens Party (DCP) leader recently announced plans to travel to the United States for a tour targeting Kenyans living in the diaspora as he seeks to mobilise support ahead of the 2027 General Election.
NCIC summoned Gachagua on August 18 as part of investigations into remarks allegedly made during his tour of Meru County between July 25 and July 28, at a June 12 rally in Luanda, Vihiga County, and during an event at Gusii Stadium in Kisii County on February 23.
Gachagua’s lawyers, however, rejected the allegations, arguing that the remarks cited by the commission do not constitute offences under the National Cohesion and Integration Act.
According to the legal team, the statements did not amount to the promotion of ethnic hatred, hostility, violence or discrimination against any person or community. They consequently questioned the basis of the NCIC investigation.
The lawyers also disputed the evidence presented by the commission, arguing that excerpts of the alleged remarks had been provided without their full context.
They asked NCIC to provide the original audio-visual recordings of the events alongside certified transcripts of the proceedings.
The legal team further requested specific dates, times and locations for some of the statements under investigation, particularly those allegedly made during Gachagua’s Meru tour.
For statements allegedly delivered in languages other than English or Kiswahili, the lawyers requested certified translations.
Gachagua’s lawyers also sought clarification on the procedure governing his appearance before the commission, including whether he would be allowed to attend alongside his legal team, present evidence, call witnesses and obtain copies of the complaints and supporting evidence.
Despite his inability to attend on August 27, Gachagua has indicated through his lawyers that he remains willing to cooperate with the investigation once NCIC provides the information and materials requested.
