NAIROBI, Kenya – The National Cohesion and Integration Commission has explained why Cabinet Secretaries Aden Duale and Geoffrey Ruku, along with five other political leaders, have not been prosecuted despite being summoned over alleged hate speech and incitement-related remarks, citing ongoing investigations and the need for watertight evidence.
Speaking on the Monday Report program on Citizen TV, NCIC Chairperson Dr Kefa Omae-Daktari said the commission is still investigating and gathering evidence before forwarding any files to the Office of the Director of Public Prosecutions.
He maintained that NCIC’s role is to summon suspects, investigate complaints, and recommend prosecution where sufficient evidence exists.
“You cannot send a file to the Director of Public Prosecutions for action when the case is not watertight. It doesn’t have facts,” Omae stated.
Cases under investigation
The NCIC boss named Duale, Ruku, former Deputy President Rigathi Gachagua, Halima Mohamed, Mombasa Deputy Governor Francis Thoya, and Mukurweini MP John Kaguchia among leaders whose cases the commission is actively considering.
He also said Homa Bay Town MP Peter Kaluma had been issued a notice and summons following remarks linked to recent political tensions in the country. Kaluma is required to appear before the commission on Wednesday, August 19, over remarks allegedly made during a political gathering in Homa Bay.
Legal process and challenges
According to Omae, the legal process requires investigators to gather facts, obtain witness statements, and verify the exact words spoken before making any recommendations. When remarks are made in local languages, investigators must first have them professionally transcribed before determining whether they amount to hate speech or ethnic incitement.
He further noted that a file cannot be submitted to the ODPP unless investigators are confident that it is strong enough to support a prosecution, as weak cases often fail because they lack adequate facts and evidence.
The NCIC chair also revealed that some of the leaders summoned have not appeared before the commission despite receiving notices. He said dealing with political leaders can be challenging because some dispute receiving summonses or fail to respond promptly, forcing the commission to follow up and continue investigations.
However, NCIC Commissioner Jerusah Mwaathime had earlier stated that summons issued by constitutional commissions carry the same legal weight as those issued by the High Court, and failure to honour them would trigger the issuance of arrest warrants.
Rejection of bias claims
The issue arose after the interviewer questioned whether NCIC was acting more aggressively against opposition figures than leaders associated with government.
Omae rejected the criticism and insisted the commission had treated all complaints without political favouritism.
“Look at the names of the six members I have listed to you. Are they from one side? Certainly not. It is balanced. This speaks more of non-discrimination and impartiality when it comes to summoning. So the perception that Kenyans have needs to be demystified,” he stated.
Resource constraints and way forward
Omae acknowledged Kenyans’ frustrations over the slow pace of hate speech cases and admitted that NCIC is under-resourced and relies heavily on cooperation with other agencies, including the DCI, the National Police Service and the ODPP.
He warned that ethnic mobilisation, incitement and toxic political rhetoric remain major concerns as the country moves closer to the 2027 General Election, stating that peaceful, credible elections cannot be achieved in an environment marked by division and hostility.
While discussing the cases involving Duale, Ruku, and other leaders, Omae said investigations are almost complete and that Kenyans will soon see action from the commission.
