Gachagua defies NCIC, says warning on 2027 violence is free speech

Former Deputy President Rigathi Gachagua. [File, Standard]

Former Deputy President Rigathi Gachagua has defended his remarks, warning that possible rigging in the 2027 presidential election could spark worse violence than the 2007 post-election crisis.

In a letter addressed to the National Cohesion and Integration Commission (NCIC), Gachagua's lawyer, Kibe Mungai, said the deputy president's statement was constitutionally protected under Article 33, which guarantees freedom of expression.

"Our client warned that if the Independent Electoral and Boundaries Commission attempts to manipulate the 2027 elections, the country may experience worse violence than in 2007," said Mungai.

The NCIC had earlier censured Gachagua for comments deemed inflammatory and hinting at potential violence in the 2027 elections.

The commission said it had summoned him and was working with relevant authorities to ensure accountability.

Commission Chairman Reverend Samuel Kobia said Gachagua's comparison of the 2007 post-election violence to a "Christmas party" was appalling and deeply insensitive.

"To refer to the 2007/2008 post-election violence as a 'Christmas party' is appalling and there is absolutely nothing festive about death, displacement and the trauma thousands of Kenyans still live with today," said Kobia.

He added, "Such trivialisation shows a stark insensitivity to victims' memories and the remarkable resilience of survivors. We must never forget the over 1,000 lives lost and the widespread devastation of that period."

Gachagua had made the remarks during a recent live interview, suggesting that if the upcoming elections were rigged, the resulting chaos would make the 2007 violence look like a "Christmas party."

Kobia said the commission was closely working with other government agencies to take action.

"We are working closely with relevant government agencies to ensure Rigathi Gachagua is held accountable. Reckless speech from any leader will not be tolerated," said Kobia.

Mungai, however, noted the NCIC was acting selectively by condemning Gachagua while ignoring previous inflammatory remarks by politicians aligned with President William Ruto, including lawmakers William Kamket, Oscar Sudi and Samson Cherargei.

"The commission should address statements from the President's backyard before summoning our client," said Mungai.

The lawyer also said Gachagua had a constitutional duty to defend democracy under Articles 3, 38 and 91.

He warned that failure to address threats to electoral integrity could erode public trust.

Mungai insisted the remarks had been taken out of context, explaining that Gachagua had warned against rigging as a way to prevent violence, not incite it.

"He referred to 2007 as a 'Christmas party' to show the scale of potential unrest if electoral justice is not upheld," noted Mungai.

The lawyer urged the commission to apply its mandate impartially and to investigate all incitement claims without bias.