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Typo or Technicality? Public Reacts as Senator Cherargei Petitions NCIC Over Gachagua’s Remarks

NAIROBI, Kenya — Nandi County Senator Samson Kiprotich Cherargei has sparked widespread debate across the political landscape following his formal petition requesting the National Cohesion and Integration Commission (NCIC) to investigate former Deputy President Rigathi Gachagua over alleged hate speech and ethnic profiling.

The petition, dated July 27, 2026, officially received by the NCIC, calls on the commission to probe statements made by Gachagua during various political rallies, media interviews, and public engagements.

According to Cherargei, the remarks associate members of the Kalenjin community with criminality, insecurity, and organized violence, potentially undermining national unity and peaceful coexistence.

However, political observers and members of the public quickly seized on a alleged typo in social media commentary surrounding the petition, where spelling variations between “Gachagua” and “Gachagwa” prompted questions over legal technicalities and intent.

Key Highlights of the NCIC Petition

The five-page letter addressed to the NCIC Chairman outlines several constitutional and statutory grounds requesting an official inquiry:

Constitutional Standards: The petition invokes Article 27 (Equality and freedom from discrimination) and Article 33(2) of the Constitution of Kenya, 2010, noting that freedom of expression does not extend to propaganda for war, incitement to violence, hate speech, or ethnic vilification.
Statutory Violations: Senator Cherargei cites Sections 13, 62, and 63 of the National Cohesion and Integration Act, No. 12 of 2008, which penalize the use of threatening or abusive words intended to stir up ethnic hatred.
Broader Context: The document highlights a potential pattern of remarks revisiting sensitive events surrounding the 2007/2008 post-election violence, arguing that such discourse risks eroding inter-community harmony as the country approaches future elections.
Call for Independent Inquiry: The lawmaker requests the commission to use its statutory mandate under Sections 25 and 26 to independently review the evidence, gather context, and determine whether administrative or legal action is warranted.

Text of the Letter to the NCIC

Below is the transcribed text from the petition submitted by Sen. Kiprotich Cherargei, MP:

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REPUBLIC OF KENYA
PARLIAMENT
Sen. Kiprotich Cherargei, MP
NANDI COUNTY.
Our Ref: NCSO/NCIC/1/2026
Date: 27th July 2026
The Chairman
National Cohesion and Integration Commission
Britam Centre, Upper Hill
P.O. Box 7055-00100
NAIROBI.
Dear Sir,
RE: REQUEST FOR INVESTIGATION INTO PUBLIC STATEMENTS MADE BY RIGATHI GACHAGUA THAT POSSIBLY AMOUNT TO ETHNIC PROFILING AND CONDUCT PREJUDICIAL TO NATIONAL COHESION
The above matter refers.
I write to formally request the National Cohesion and Integration Commission (NCIC) to investigate a series of public statements made by the former Deputy President, Rigathi Gachagua, EGH, which, in my respectful view, disclose sufficient basis for investigation under the Constitution of Kenya and the National Cohesion and Integration Act.
The statements, made during political rallies, media interviews, press briefings and other public engagements, have generated widespread public concern and considerable public debate regarding their potential effect on national cohesion, peaceful coexistence and inter-community relations. In particular, the statements have given rise to allegations of ethnic profiling and the association of members of the Kalenjin community with criminality, insecurity and organized violence, thereby raising legitimate questions as to whether they fall within the conduct contemplated under the Constitution and the National Cohesion and Integration Act.

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In support of this request, I have annexed the material presently available to my office concerning one of the impugned statements. While the annexed material does not purport to constitute an exhaustive record of every public statement made by Gachagua on the subject, it provides, in my respectful view, sufficient factual basis to warrant the Commission’s intervention. I further respectfully invite the Commission, in the exercise of its investigative mandate, to consider any other related public statements that it may lawfully obtain in the course of its investigations.
Against that constitutional and statutory framework, I respectfully set out below the basis upon which I request the Commission to commence investigations.
CONSTITUTIONAL AND STATUTORY BASIS FOR THE REQUEST FOR INVESTIGATION
The Constitution of Kenya, 2010 establishes national cohesion, equality and peaceful coexistence as fundamental values upon which the Republic is founded. Political leaders, by virtue of the influence they wield over public discourse and national affairs, bear a particularly high obligation to uphold these constitutional values. Public statements made by such leaders must therefore advance, rather than undermine, the constitutional ideals of national unity, equality and peaceful coexistence.
Article 27 of the Constitution guarantees every person equality before the law and equal protection and equal benefit of the law, and prohibits discrimination, whether direct or indirect, on grounds including race or ethnic origin. Public discourse that stereotypes, profiles or unfairly associates particular communities with criminality, insecurity or other negative attributes has the potential to erode these constitutional guarantees and undermine harmonious relations between Kenya’s diverse communities.
The Constitution equally safeguards freedom of expression under Article 33. However, that right is not absolute. Article 33(2) expressly provides that:

“The right to freedom of expression does not extend to—
(a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or”

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(ii) is based on any ground of discrimination specified or contemplated in Article 27(4).”

These constitutional safeguards are operationalized through the National Cohesion and Integration Act, No. 12 of 2008, whose principal objective is to encourage national cohesion and integration by eliminating ethnic discrimination and promoting harmonious relations among Kenya’s diverse communities.
Section 13 of the Act prohibits the use of threatening, abusive or insulting words or behaviour where such conduct is intended or is likely, having regard to all the circumstances, to stir up ethnic hatred. Further, Section 62 creates the offence of hate speech by prohibiting the publication, distribution or utterance of threatening, abusive or insulting words or material where such conduct is intended or is likely to stir up ethnic hatred. Section 63 further provides for liability, where appropriate, of directors, publishers and other responsible persons where offences under the Act are committed through bodies corporate or other organized entities.
The National Cohesion and Integration Commission is established under the Act as the principal statutory body charged with safeguarding national cohesion. Sections 25 and 26 mandate the Commission to facilitate and promote equality of opportunity, good relations, harmony and peaceful coexistence among persons of different ethnic communities; investigate complaints relating to ethnic discrimination, ethnic contempt, hate speech and related conduct; and recommend or institute such legal or administrative action as may be warranted under the law.
The purpose of this correspondence is therefore not to invite the Commission to determine the legality of the reported statements on the basis of media reports or public commentary. Rather, it is to request the Commission, in the exercise of its constitutional and statutory mandate, to independently review the material, obtain any additional material it considers necessary, establish the context in which the reported statements were made and determine whether any of the conduct disclosed warrants action under the Constitution, the National Cohesion and Integration Act or any other applicable law.
FACTUAL BASIS FOR THE REQUEST FOR INVESTIGATION
The present request for investigation arises from concerns regarding a pattern of public statements made by Rigathi Gachagua concerning members of the…

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ii) Broader Context
The statement described above does not stand in isolation. It forms part of a broader pattern of public remarks attributed to Gachagua concerning members of the Kalenjin community alongside other Kenyan communities, including remarks that have associated members of the community with criminality and insecurity, revisited the highly sensitive events surrounding the 2007/2008 post-election violence, and generated significant public debate regarding their implications for inter-community relations and national cohesion.
Viewed against that broader context, the statement forming the subject of Annexure SKC-1 raises legitimate concerns as to whether there exists a recurring pattern of public discourse concerning an identifiable ethnic community that warrants independent examination by the Commission in the exercise of its constitutional and statutory mandate.
Accordingly, I respectfully urge the Commission to consider the annexed material together with any other relevant evidence that it may lawfully obtain in the course of its investigations, and to determine whether the statements made by Rigathi Gachagua disclose any contravention of the Constitution, the National Cohesion and Integration Act or any other applicable law.
CONCLUSION
In view of the foregoing, I respectfully submit that the annexed material, considered against the broader context of the public statements attributed to Rigathi Gachagua concerning members of the Kalenjin community, discloses sufficient basis for the National Cohesion and Integration Commission to commence investigations in the exercise of its constitutional and statutory mandate.
This request is made in recognition of the Commission’s independent mandate to establish the relevant facts, obtain such additional evidence as it may consider necessary, determine whether the impugned statements disclose any contravention of the Constitution, the National Cohesion and Integration Act or any other applicable law, and take such lawful action as may be warranted in the circumstances.
As the country gradually approaches the next General Election, the imperative of safeguarding national cohesion, fostering peaceful coexistence and promoting responsible public discourse assumes even greater significance. Kenya’s past…