In an exclusive interview with the Star, NCIC commissioner Danvas Makori confirmed that Gachagua has been summoned to appear before the commission this week to explain his recent statements.
Gachagua’s impeachment was upheld by the Senate on October 17, 2024, and he has sworn to put together an alliance that will topple President William Ruto in 2027.
“Following the former Deputy President’s remarks, we have issued summons. This is not harassment — it is a legal process well within our mandate,” Makori said.
The commission has been intensifying its crackdown on hate speech and incitement. It has revealed that at least 10 politicians are under investigation for public statements that border on incitement.
The commission has expressed deep concern over the growing trend of inflammatory political rhetoric, warning that the rhetoric could heighten tensions in the lead-up to the 2027 polls.
Gachagua stirred controversy after warning that if the 2027 elections are rigged, the country could experience violence worse than the 2007 post-election bloodbath.
“I’m saying the mood in the country is such that if the Independent Electoral and Boundaries Commission tries to mess with the election, there will be no country left. The year 2007 will look like a Christmas party,” Gachagua said during a recent interview.
Gachagua has defended his comments and said they were taken out of context, however, pressure on him is mounting. The NCIC has said it will not let the remarks go unpunished.
Makori said Gachagua had already been issued a “yellow card” by the commission for previous comments on political “shareholding”.
The latest remarks, he said, amount to a second offence.
“He is supposed to appear this week. We give someone a week to respond. If we determine he has a case to answer, we will take further action,” Makori said.
“If you are given a yellow card, the second one is a red card. People say we’re taking sides, but in his case, this is the second yellow — which means a red card,” he added.
“If I warn you and you don’t listen, I don’t think I should be gentle next time. We have to be firm. He must serve as an example.”
Makori emphasised that the commission’s actions are not politically motivated and that the crackdown targets politicians across the political spectrum.
“If we allow politicians to keep pushing boundaries and getting away with dangerous rhetoric, we won’t have a country,” he said.
“We want to nip it in the bud, and this includes leaders from both sides of the political divide.”
Among those on the NCIC’s radar are Kenya Kwanza allies who have made statements implying that Ruto must win re-election at all costs — rhetoric that Makori said undermines democratic principles.
“Some people are saying they must win, no matter what. That’s not democracy. Even the President himself has said leadership is decided by the people,” he said.
Makori reiterated that the commission is trying to rein in a political class that appears intent on eroding the progress made during the peaceful 2022 elections.
To this end, the NCIC is collaborating with key agencies including the police, the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions, the Ethics and Anti-Corruption Commission, and the Judiciary to monitor and put a stop potentially inciteful remarks by public figures.
Makori revealed that law enforcement officers have been equipped with covert recording devices to capture real-time comments by politicians at public events.
“We’re collecting intelligence from across the country. Police officers are dispatched with recording gadgets. Very soon, we will take decisive action,” he said.
The commission is alarmed by the resurgence of ethnic mobilisation and tribal political rhetoric, which it fears could undermine national unity.
“We’ve seen the gains made in 2022 rapidly eroded. Politicians are reverting to tribal kingpin politics and ethnic party lines. This is dangerous for the country's cohesion,” Makori warned.
Despite its austerity efforts, the commission is grappling with serious budgetary constraints. NCIC says it requires Sh1.2 billion to effectively roll out national peace and cohesion campaigns ahead of the 2027 elections.
“The reason we were effective in 2022 was because of support from donor partners. But for how long can we rely on donors for something as critical as national security?” Makori asked.
“We only need Sh1.2 billion to stabilise the country. I don’t think the government can say it cannot afford that for a peaceful election.”
Instant Analysis
Deputy President Kithure Kindiki has dismissed claims the 2027 general election will be marred by violence, saying the polls will be free, fair and peaceful. Kindiki commented in response to remarks by former DP Rigathi Gachagua, who warned of dire consequences should the general election be rigged, including violence worse than that after the 2007 polls.
