From Gachagua to Duale: Inside NCIC's widening hate speech net

• NCIC is investigating several politicians over alleged hate speech, ethnic profiling and incitement.
• The commission wants the former deputy president to explain remarks made at rallies in Vihiga, Kisii and Meru.
• NCIC says it is conscious of the risks but insists investigations must meet the evidentiary threshold required for prosecution.

Kenya is entering the 2027 election cycle amid growing concern over political intolerance, prompting the National Cohesion and Integration Commission (NCIC) to open investigations into ethnic polarisation, incitement to violence and rhetoric that risks inflaming tensions.

The latest high profile figure to come under the commission’s spotlight is former Deputy President Rigathi Gachagua, who has been summoned to appear before the NCIC on August 27 over remarks made during political rallies in Vihiga, Kisii and Meru counties.

The Democracy for Citizens Party (DCP) leader has been asked to explain the context, intent and potential impact of the remarks which the commission considers potentially discriminatory or inciting.

Attached to the summons are transcripts of the statements under investigation. NCIC Chief Executive Officer Daniel Giti warned that failure to appear could result in warrants being issued for Mr Gachagua’s arrest and his production before the commission as well as possible criminal or contempt proceedings.

The commission said it is acting under Sections 27, 29 and 63C, as read with Section 63E, of the National Cohesion and Integration Act, which gives it the mandate to investigate conduct that undermines peaceful coexistence among communities.

In one of the incidents under investigation, Mr Gachagua is accused of making remarks during a rally in Luanda, Vihiga County, on June 12 that the commission considers capable of fuelling ethnic divisions.

He is also being questioned over statements made at Gusii Stadium in Kisii County on February 23, including remarks directed at Nyaribari Chache MP Zaheer Jhanda.

The former deputy president is further under scrutiny over statements made during his tour of Meru in late July, where the commission says some of his remarks could amount to incitement to violence and ethnic profiling.

His summons come against the backdrop of a wider investigation by the commission into political rhetoric across the country, involving figures from both the opposition and government.

Busia Governor Paul Otuoma has also been summoned over alleged incitement against business people from other parts of the country during a public rally at Bulanda Junction on or about June 27. He is expected before the commission tomorrow (Friday).

Homa Bay Town MP Peter Kaluma is facing a similar inquiry over statements made in the run-up to the August 16 Linda Mwananchi rally in Homa Bay.

The ODM lawmaker was summoned to appear before the commission on Wednesday.

Mr Kaluma is among at least eight prominent politicians whose conduct the commission is investigating this year over allegations ranging from hate speech and ethnic profiling to incitement to violence.

The list also includes Health Cabinet Secretary Aden Duale, Public Service Cabinet Secretary Geoffrey Ruku, Mukurwe-ini MP John Kaguchia, Sirisia MP John Waluke and Mandera Deputy Governor Ali Mohamud.

The commission had, on July 28, announced investigations into remarks attributed to several of the leaders including Mr Duale, Mr Ruku, Mr Otuoma, Mr Waluke.

Others are Kipipiri MP Wanjiku Muhia, and Nakuru Town East MP David Gikaria

The scrutiny has also extended beyond the latest cases.

Since the 2022 elections, NCIC has dealt with complaints involving Tigania East MP Mpuru Aburi, Mumias East MP Peter Salasya and human rights activist Khelef Khalifa, among others.

The pattern has raised questions over whether Kenya’s institutions are moving quickly enough to contain political rhetoric before it escalates into violence, particularly as politicians intensify mobilisation ahead of the 2027 elections.

 “We are seeing an increasingly aggressive political environment in which inflammatory rhetoric, ethnic profiling, threats and mobilisation of young people are becoming normalised,” Dr Omae said.

He said the commission cannot rush investigations at the expense of building watertight cases that can withstand scrutiny before the Director of Public Prosecutions (DPP) and the courts.

“You cannot send a file to the DPP for action when the case is not watertight. That is why most of the cases end up not going to and  we have to avoid that,” he said.

According to Dr Omae, the commission’s investigators often have to travel to locations where the disputed remarks were made, establish their context and identify witnesses who are willing to formally record statements.

He said the reluctance of witnesses to participate in the process has also complicated some investigations.

“Kenyans are good at reporting and complaining but when you reach out to them to become witnesses and even put their complaints in writing they don’t want to because they think they will appear in court,” he said.

The commission says it has secured five convictions and has three other cases before the courts, although none of the convictions involves a political leader.

Some cases have nevertheless failed to progress. Complaints involving Mr Khalifa, Mr Aburi and senior chief Wilson Kaloi were returned by the DPP over insufficient evidence, while Mr Salasya’s case was dropped after he apologised.

“The fourth Commission is committed to deliver on our mandate of promoting peaceful co-existence and deterring ethnic incitement and hate speech,” he said.

The commission has also come under pressure over claims of selective enforcement, with politicians allied to Mr Gachagua accusing it of scrutinising opposition figures while overlooking inflammatory remarks from government supporters.

During the Ol Kalou by-election, for instance, Mr Gachagua’s ally, Kipipiri MP Wanjiku Muhia, and Nakuru Town East MP David Gikaria, a government loyalist, were fined Sh1.5 million and Sh2.5 million respectively by the Independent Electoral and Boundaries Commission for breaches of the electoral code of conduct.

The debate has also widened to include politicians whose remarks have generated public outrage without necessarily resulting in formal charges.

UDA Secretary-General Hassan Omar faced calls for his resignation in May following comments interpreted by critics as targeting a particular community. He later apologised.

Nyeri Governor Mutahi Kahiga was similarly forced to apologise and resigned as vice-chairperson of the Council of Governors after remarks he made following the death of former Prime Minister Raila Odinga in November 2025 drew widespread condemnation.

In another ongoing case, Mr Duale is being investigated over remarks made at a public event in Lafey Constituency, Mandera County.

The Cabinet secretary has denied wrongdoing, saying his remarks were misquoted and taken out of context.

Mr Kaguchia is also being investigated over comments made during a rally in Kieni, Nyeri, earlier this month, in which he allegedly warned Mt Kenya residents against supporting President William Ruto in 2027.

Murang’a Woman Representative Betty Maina has also come under scrutiny over remarks directed at Mr Gachagua, adding another dimension to the growing political contest.

Dr Omae said the commission is working with other agencies under a multi-agency framework to manage electionrelated risks, including through intelligence sharing, investigations and enforcement.

As part of the preparations for 2027, NCIC says political parties will be required to sign a peace charter.

“Any person going to vie in 2027 will be required to be cleared by the NCIC, Registrar of Political Parties and IEBC before being approved to vie for a political seat,” he said of the measures aimed at ensuring that those seeking elective office meet the requirements relating to peaceful political participation.

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Additional reporting by Mwangi Muiruri

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