NAIROBI, Kenya — The National Cohesion and Integration Commission (NCIC) has summoned former Deputy President Rigathi Gachagua, Health Cabinet Secretary Aden Duale, Public Service Cabinet Secretary Geoffrey Ruku and Mukurweini MP John Kaguchia to record statements over alleged hate speech.
NCIC Commissioner Jerusah Mwaathime announced the summons during an interview on Citizen TV on Monday night, saying the four leaders are expected to begin appearing before the commission next week as investigations gather pace.
Gachagua File Sent to ODPP
Mwaathime disclosed that the commission has already forwarded Gachagua’s investigation file to the Office of the Director of Public Prosecutions (ODPP) after completing the required processes.
According to the commissioner, the former Deputy President’s file had remained pending at the commission before the current team moved it forward.
“I need to bring to the attention of the country that we have forwarded the file of the former Deputy President Rigathi Gachagua to the ODPP because when we came in we found he had many cases at the commission but for some reason they had not progressed up to the ODPP level,” she said.
She explained that the delay resulted from the multi-agency investigations required before a file can be submitted to prosecutors.
Duale, Ruku and Kaguchia Summoned
Mwaathime also confirmed that investigations into alleged remarks made by CS Aden Duale have reached an advanced stage, prompting the commission to issue formal summons.
“We have reached a certain stage of our investigation where now we are ready, and we have summoned Hon Duale, we have summoned CS Ruku, and we have also summoned Kaguchia, Mukurweini Member of Parliament. We usually give them 14 days and most of them will be appearing before us next week,” she said.
The commissioner noted that investigations into alleged hate speech require extensive verification of evidence before any enforcement action is taken.
She said the commission must authenticate video clips, identify those who recorded and distributed them, and establish whether any recordings have been altered.
“Every investigation is different so some investigations might need a lot of digging, a lot of verification of clips, a lot of verification of data. We need to confirm, for example, if a clip is genuine, we need to confirm who is the originator, who recorded it and if it has been tampered with,” she explained.
NCIC Defends Pace of Investigations
Responding to claims that the commission handles cases selectively, Mwaathime said investigations progress at different speeds depending on the available evidence.
She noted that the case involving MP John Kaguchia advanced more quickly because the Directorate of Criminal Investigations (DCI) had already conducted substantial investigations and gathered key evidence.
“For others, we need to get all this information from all these agencies before we can move but for most of them we have moved, and from next week you will be able to see these activities unfold,” she said.
Failure to Honour Summons Could Lead to Arrest
The commissioner stressed that summons issued by constitutional commissions carry the force of law and must be obeyed.
According to Mwaathime, individuals who ignore NCIC summons risk the issuance of arrest warrants.
“The law is very clear on that aspect. Summons issued by constitutional commissions and independent commissions, including NCIC, are supposed to be obeyed. They are the same as summons issued by the High Court,” she said.
She added that once warrants are issued, law enforcement officers are mandated to arrest those who fail to comply.
“When those summons are not honoured, then you issue warrants of arrest. Upon issuance of warrants of arrest, it means that the DCI and police officers are supposed to arrest and bring them to the commission.”
Call for Respect of Institutions
Mwaathime said the commission is determined to enforce the law without fear or favour, arguing that public officials must respect constitutional institutions established to promote national cohesion.
“We cannot exist in a nation whereby the institutions that have been created by law are being flouted. We cannot exist in a society where the leadership of a country, who are supposed to give direction, can stand and say we cannot honour summons.”
The NCIC has in recent months intensified investigations into alleged hate speech and incitement as Kenya moves closer to the 2027 General Election, warning political leaders against remarks that could inflame ethnic tensions or undermine national cohesion.
