On Tuesday, Gachagua accused President William Ruto of masterminding a plot to arrest him to restrict his movement within and outside the country.
This comes in the wake of the June 25 Gen Z protests, after which a number of pro-government leaders demanded Gachagua's immediate arrest, accusing him of financing the demonstrations.
The former DP has strongly denied the allegations, asserting that the youth-led movement needed no external funding or mobilisation.
“The Gen Z didn’t need to be mobilised or funded,” Gachagua said.
Meanwhile, Director of Criminal Investigations Mohamed Amin on Monday dismissed reports that Gachagua had been summoned over the protests.
However, he warned that the former DP is not immune to prosecution.
“He does not enjoy any immunity from prosecution. If in our investigations he is found to have aided or abetted any criminal activity, then appropriate action will be taken,” Amin said during a press briefing.
Beyond the funding claims, Gachagua is also facing accusations of hate speech and incitement, charges that could heighten his legal troubles.
Unbowed, Gachagua has publicly dared the police to arrest him, insisting such a move would only fuel his political defiance.
“Isn’t it true that even while I’m in Kamiti [Maximum Prison], I’ll dictate how things will be done? I’ll give political direction,” he declared at a funeral in Kinangop.
“And as for your [Ruto’s] matters here, we’ve already finished with them.”
As tensions escalate, the Ruto administration finds itself walking a tightrope: balancing public pressure to act against Gachagua with the risk of turning him into a political martyr.
Wiper leader Kalonzo Musyoka warned that if they arrest Gachagua, the opposition will mobilise from all parts of the country.
Already, Gachagua’s allies and DCP party officials Wanjiku Thiga and Peter Karanja were arrested on Tuesday and held at Ruiru police station.
Political analysts warn that arresting Gachagua over allegations of sponsoring the demonstrations would only endear him and radicalise his support base.
Lawyer Suyinka Lempaa cautions that those calling for Gachagua’s arrest over demos should know it would be short-lived drama that would only last a day and in the end be an advantage to the former DP.
“In Kenya, you can only hold one for 24 hours before presenting him in court,” he said.
“After 24 hours, you look very miserable in court, with the magistrate requiring you to prove your case against the arrested person beyond reasonable doubt.”
Lempaa says Gachagua is relishing such a time for him to appear a hero and a political martyr in the Mt Kenya region, which made Ruto President by giving him 45 per cent of the seven million he got, “just 5 per cent away from 50 per cent”.
Gachagua ally and Kiambu Senator Karungo wa Thangw’a said if the former DP is arrested, then Kenyans should know it was done under the instruction of the President.
He added that in case Gachagua is arrested, they will mobilise the Mt Kenya region and cross the country and “visit” him wherever they will hold him.
Gatanga MP Edward Muriu also dismissed calls to arrest Gachagua, saying blaming him over the demos won’t solve Kenya’s problems.
Instead, he said Kenya Kwanza leaders should confront youth unemployment and overtaxation, instead of being out of touch with Kenyans.
The government is also under pressure from some political quotas to take action on Gachagua over incitement.
National Assembly Minority Leader Junet Mohamed said people cannot continue inciting Kenyans and be walking free in town.
“What kind of government is this? Arrest people and have them eat ugali as we did at Pangani,” Junet said.
“Or are we different people? We must condemn people who want to divide Kenyans along tribal lines.”
