Slap on the wrist, again: NCIC orders Ruku, Kaguchia to withdraw divisive remarks

The National Cohesion and Integration Commission (NCIC) has ordered Public Service Cabinet Secretary Geoffrey Ruku and Mukurweini MP John Kaguchia to withdraw remarks it found could undermine national cohesion.

In two separate determinations issued on Wednesday, NCIC Chairperson Bishop Kepha Omae said Mr Ruku’s remarks in Tharaka-Nithi amounted to divisive ethnic generalisation and collective blame.

The commission said Mr Kaguchia’s remarks at a political gathering in Kieni, Nyeri County, amounted to threats, intimidation and coercion against people because of their political choices.

“We found that the express references to Kikuyu people, the assertion that people in Mt Kenya West thought Kenya belonged to them, and the use of ethnic surnames turned institutional grievances into collective ethnic blame. The remarks demeaned the equal standing of the Kikuyu people, undermined harmonious relations and failed to respect their rights and reputation,” Dr Omae said.

According to NCIC, Mr Ruku’s remarks moved beyond advocacy for equitable development into what it characterised as collective ethnic blame.

The CS admitted to making the remarks when he appeared before the commission on September 1, although he argued that the Constitution protects distinct ethnic identities and demands for equitable development and public appointments.

He denied ill-will towards the Kikuyu people and said the reference to stepping on someone’s neck was political language referring to political defeat rather than physical harm.

The commission rejected the suggestion that his position was protected simply because he was engaging in political advocacy, noting that Cabinet secretaries were still bound by the Constitution and the National Cohesion and Integration Act.

The commission has directed Mr Ruku to stop repeating, publishing or endorsing the collective ethnic allegations. It has also ordered him to publicly withdraw, in Kiswahili and English, the claims that the Kikuyu regard Kenya as their property or are collectively responsible for inequitable development and appointments.

In Mr Kaguchia’s case, the commission found that the MP’s remarks crossed the line from political persuasion into intimidation and communal punishment. It said the MP called for supporters of President William Ruto, referred to in his speech as supporters of Kasongo, to be identified, traced and removed from beneath their beds.

He also spoke of keeping records of supporters and called for withholding of communal assistance from them at funerals, dowry ceremonies and during illness.

The remarks triggered a criminal case and a separate NCIC inquiry. Mr Kaguchia was arrested on August 3 and was later charged at the Milimani Law Courts with offensive conduct.

When he appeared before NCIC, Mr Kaguchia challenged the English translation of his remarks, insisting that the original speech should be played and interpreted in Kikuyu. He argued that the translation presented to the commission distorted the meaning of what he had said.

The commission rejected that challenge, saying it relied on a certified translation and the recording itself in determining the meaning of the remarks. It concluded that using communal relationships to enforce political loyalty created a foreseeable risk of intimidation, social exclusion and harm to peaceful political participation.

The MP has been ordered to issue a public retraction, apology and corrective statement in Kikuyu, Kiswahili and English, with prominence and reach reasonably comparable to his original speech. He must also publicly affirm the right of Kenyans to support any leader or candidate without intimidation or exclusion from communal activities.

Dr Omae warned politicians against rhetoric that could deepen ethnic and political divisions as the country heads towards the 2027 election.

“Let us all be peace ambassadors in all our engagements. We have a shared responsibility to do that,” Dr Omae said.

The commission said failure to adhere to the orders within seven days will result in further action.

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