Rigathi Gachagua: NCIC Summons Dispute Over Hate Speech Allegations

• Former Deputy President Rigathi Gachagua has been summoned by the NCIC to explain alleged inflammatory remarks.
• Gachagua's lawyers have challenged the summons, citing their client's pre-planned foreign trip from August 26 to October 20.
• The NCIC is investigating whether Gachagua's remarks violated provisions of the National Cohesion and Integration Act in Kenya.
• Gachagua's lawyers have demanded authentic audio-visual recordings of the rallies and public events where the alleged remarks were made, together with certified transcripts.

His Excellency is ready and willing to assist the Commission in any capacity and to participate in any lawful investigation, inquiry or proceedings on the basis of full information and full disclosure.

Former Deputy President Rigathi Gachagua has been summoned by the National Cohesion and Integration Commission (NCIC) to explain alleged inflammatory remarks made at public forums. However, his lawyers have challenged the summons, citing that their client will be out of the country on a pre-planned foreign trip from August 26 to October 20. This dispute highlights the importance of understanding the procedures governing investigations under the National Cohesion and Integration Act in Kenya.

Gachagua's lawyers argue that the NCIC's summons contains excerpts rather than full statements attributed to their client, making it difficult for him to prepare adequately for the investigation. They have demanded authentic audio-visual recordings of the rallies and public events where the alleged remarks were made, together with certified transcripts. The complete statements are necessary to establish context and enable Gachagua to respond properly.

The lawyers also questioned the language used in some of the statements supplied by NCIC, arguing that parts were neither in English nor Kiswahili. They asked the commission to provide certified translations before the investigation proceeds.

The National Cohesion and Integration Act in Kenya provides for investigations into alleged hate speech and incitement. The NCIC has been directed to investigate whether Gachagua's remarks violated provisions of this act.

Gachagua's lawyers argue that even if the statements were proven to have been made, they did not contain threats, abuse or insults intended to stir ethnic hatred, nor did they incite contempt, hostility, violence or discrimination based on ethnicity or race. They maintain that the statements do not fall within NCIC's mandate.

The rules governing investigations under this act are crucial in ensuring that individuals' constitutional rights are protected. Gachagua's legal team has asked NCIC to disclose its procedures and whether their client would be allowed to appear with his advocates, present evidence, call witnesses and receive copies of the complaints and supporting evidence.

This dispute over NCIC's summonses highlights the importance of understanding the rules governing investigations under the National Cohesion and Integration Act in Kenya. The case also raises questions about the procedures used by the commission in conducting investigations.

The outcome of this case will have implications for individuals who may be summoned by the NCIC to explain alleged inflammatory remarks. It is essential that the procedures used by the commission are transparent and fair, ensuring that individuals' constitutional rights are protected.

The Kenyan government has a responsibility to ensure that its laws and regulations are enforced in a manner that respects human rights and promotes national cohesion.

Lawyers for former Deputy President Rigathi Gachagua have challenged the NCIC's summons, demanding evidence of alleged hate speech remarks and questioning the commission's procedures. This dispute highlights the importance of understanding the rules governing investigations under the National Cohesion and Integration Act in Kenya.

Source: Original reporting via The Star