Deal with Ruto's associates first; Gachagua tells NCIC on planned probe

Gachagua had hinted at possible political chaos in the 2027 election if the Independent Electoral and Boundaries Commission (IEBC) fails to conduct a fair process.

"There will be no country here. 2007 (post-election violence) will look like a Christmas party," Gachagua noted.

NCIC chairperson Samuel Kobia had ridiculed Gachagua over the remarks, noting that it will hold him accountable for his inciteful remarks.

In a statement on Monday, Gachagua's legal team argued that his statement was found on justifiable grounds.

"The political instability and post-election violence witnessed in December, 2007 to early 2008 were triggered by the contested election results announced by the Electoral Commission of Kenya (ECK)," read the statement in part.

The team added that Gachagua is entitled to his opinion as guided in Article 33 of the Constitution, which guarantees freedom of expression.

It however trained its guns on President William Ruto's proxies who have been making similarly inciteful remarks and they go unchecked.

The accused proxies include Tiaty Member of Parliament (MP) William Kamket, his Kapseret counterpart Oscar Sudi and Nandi Senator Samson Cherargei, who have gone on record vowing to manipulate the 2027 results in Ruto's favour.

"Our Client further notes that the statements made by the aforementioned leaders have caused widespread disquiet among Kenyans regarding the credibility of the forthcoming 2027 presidential election," the statement added.

"The public perception fueled by remarks such as those by Hon. Oscar Sudi, some of which were made in the presence of President Ruto without any rebuke or distancing has led to a growing belief that there exists a deliberate plan to subvert the will of the people through rigging."

Gachagua told NCIC that its failure to castigate such statements also undermines the integrity of its institution, demanding fair treatment on leaders accused of making unwelcome remarks. 

"In light of the foregoing, our client respectfully demands clarity as to whether the Commission remains committed to executing its constitutional and statutory mandate in a fair, impartial and non-discriminatory manner," his team noted.

Likewise, the legal team questioned NCIC's failure of upholding political neutrality after it did not take any action against Daadab MP Farah Maalim, his Webuye West counterpart Dan Wanyama, and Muslims for Human Right (MUHURI) Board member Khelef Khalifa who have made inciteful statements promoting prejudice against members of specific communities. 

The mentioned individuals were summoned by NCIC, but no further action has been taken.

Gachagua has demanded a response on his demands.