Former Deputy President Rigathi Gachagua’s lawyer Kibe Mungai has lashed out at the National Cohesion and Integration Commission (NCIC), accusing it of bias and selective application of the law .
In a formal letter dated May 26, 2025, addressed to NCIC Chairman Samuel Kobia, Mungai criticised the Commission for condemning Gachagua’s recent remarks during an interview on Obinna TV, while allegedly turning a blind eye to inflammatory statements made by close allies of President William Ruto.
“The Commission’s silence on blatant incitement and unconstitutional utterances made by allies of the President suggests not just dereliction of duty, but deliberate complicity,” Mungai says in his letter to NCIC.
“Before summoning Rigathi Gachagua, you (NCIC) should first deal with the dangerous rhetoric emerging from those closest to State House.”
What has particularly drawn the ire of Gachagua’s legal team is what they describe as the NCIC’s “blatant double standards.”
In his letter, Mungai lists a series of provocative remarks made in recent weeks by MPs William Kamket, Oscar Sudi, and Senator Samson Cherargei—all close allies of President Ruto—none of whom, he notes, have been summoned or rebuked by NCIC.
Among the quotes cited is Kamket’s declaration: “We people from Baringo county know how to manufacture a 24-year presidency.” Sudi, meanwhile, is quoted saying, “Even if the votes don’t add up, we will fill them up.”
“These are not metaphors or colourful speech. These are direct confessions of intent to subvert the Constitution,” Mungai states in his letter.
“Yet the Commission has never summoned them, held a press briefing, or issued a rebuke. Instead, it rushes to target our client, who is warning against such behaviour.”
The lawyer also states that the NCIC is being deployed as a political weapon against government critics.
The controversy stems from remarks made by Gachagua in a televised interview on May 17, 2027, where he warned that attempts by the Independent Electoral and Boundaries Commission (IEBC) to rig the 2027 elections could result in mass unrest.
“If that IEBC tries to mess with the election... there will be no country here. 2007 will look like a Christmas party,” Gachagua said during the Obinna TV interview.
In its official statement on May 21, 2027, NCIC labeled the comments “dangerously insensitive,” especially in reference to the victims of the 2007/2008 post-election violence.
But according to Gachagua’s lawyer, the remarks have been taken out of context and deliberately twisted for political purposes.
“Our client did not glorify the 2007 violence. He issued a serious and patriotic warning that any attempt to subvert the will of the people through rigging in 2027 could provoke political instability,” he explained.
Citing the 2017 Supreme Court ruling that annulled a presidential election over irregularities, Mungai maintained that public concern over electoral integrity is valid.
“What the NCIC calls incitement is, in fact, a constitutional duty to defend democracy under Article 3 of the Constitution,” he said.
The lawyer said Gachagua’s remarks are grounded in concern that the reconstitution of the IEBC, allegedly under influence from State House, may compromise the credibility of the 2027 election.
