The proprietors of Business Bay Square (BBS Mall) in Eastleigh have formally petitioned the National Cohesion and Integration Commission (NCIC) to investigate and censure former Deputy President Rigathi Gachagua over remarks they say unfairly linked their property, and the Somali community, to an alleged US fraud case.
Through MMA Advocates LLP, the mall owners filed a complaint dated January 5, 2026, arguing that statements made by Gachagua during a church service at AIPCA Kiratina in Kiambu County on January 4 were defamatory, ethnically inflammatory, and harmful to lawful businesses.
The complaint notes that the statements, widely circulated in the media and online, were specific enough for listeners to identify BBS Mall and associate it with criminal activity despite the absence of evidence.
“Any reasonable person would understand these remarks as pointing to our clients’ property and, by extension, casting aspersions on an entire community,” the lawyers stated.
“The effect is to stigmatise law-abiding citizens, damage legitimate enterprises, and undermine national cohesion.”
The petition highlights that BBS Mall is a legally established commercial development housing regulated businesses, financiers, service providers, and tenants operating within Kenyan law.
The owners say Gachagua’s remarks have already exposed the mall to reputational risk and could destabilise commercial confidence in Eastleigh, a key economic hub.
While acknowledging the right of public figures to comment on matters of public interest, the complainants argue that such commentary must be responsible and fact-based.
They fault Gachagua for linking a foreign criminal investigation to identifiable Kenyan businesses and for implying that foreign authorities should take extra-judicial action.
“This is not about suppressing debate on crime,” the lawyers wrote. “It is about preventing reckless statements that inflame ethnic suspicion and place lawful businesses and communities at risk.”
The complaint cites the National Cohesion and Integration Act, which criminalises the use of abusive or insulting language intended to stir ethnic hatred.
It also references Articles 27 and 28 of the Constitution, which guarantee equality before the law and protection of human dignity, including reputation, as well as Article 33(2), which excludes hate speech from constitutional protection.
The BBS Mall owners are asking the NCIC to investigate the full context of Gachagua’s remarks, determine whether they constitute ethnic contempt or hate speech, and issue formal censure.
They also want the matter referred to the Director of Public Prosecutions if the legal threshold for prosecution is met.
Additionally, the lawyers urged the Commission to engage media houses and caution them against amplifying statements that could inflame ethnic tensions.