Nandi Senator Samson Cherargei has formally petitioned the National Cohesion and Integration Commission (NCIC) to investigate former Deputy President Rigathi Gachagua over a series of public statements he alleges may amount to ethnic profiling, hate speech and conduct prejudicial to national cohesion.
In a letter dated July 27, 2026, addressed to the NCIC Chairperson, Cherargei argues that Gachagua's remarks during political rallies, media interviews, press briefings and other public engagements warrant an independent investigation under the Constitution and the National Cohesion and Integration Act.
"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," Cherargei says in the letter.
According to the senator, the statements "have generated widespread public concern and considerable public debate regarding their potential effect on national cohesion, peaceful coexistence and inter-community relations."
He further states that, "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."
Cherargei says the petition is based on constitutional provisions safeguarding equality, freedom from discrimination and responsible exercise of freedom of expression, arguing that political leaders have a heightened duty to preserve national unity.
"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," he said.
The petition is principally anchored on remarks allegedly made by Gachagua following the alleged abduction of Juja MP George Koimburi.
Cherargei says he has annexed a video recording, transcript and supporting material concerning the statement, arguing that it provides a sufficient factual basis for the commission to begin investigations.
He alleges that Gachagua publicly linked members of the Kalenjin community to an alleged special police squad, saying such remarks risk fuelling ethnic divisions.
"These allegations publicly identify an ethnic community and a specific sub-ethnic community in connection with allegations of criminal conduct, abuse of State security institutions and politically motivated violence. Irrespective of whether those allegations are true or false, their public articulation in terms that expressly associate an identifiable ethnic community with such conduct is, in my respectful view, capable of fostering ethnic suspicion, reinforcing harmful stereotypes and undermining harmonious relations between communities," the lawmaker said.
While acknowledging that the commission is the body mandated to determine whether any laws were violated, Cherargei says his request is intended to facilitate an independent inquiry rather than predetermine the outcome.
"The purpose of this request is therefore not to invite the Commission to reach predetermined findings, but to independently examine the annexed material, establish the full factual context in which the statements were made, and determine whether any legal or administrative action is warranted," he said.
The senator further argues that the statement should not be viewed in isolation but as part of a broader pattern of remarks attributed to Gachagua concerning members of the Kalenjin community.
"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," he explained.
Cherargei says the approach of the next General Election heightens the need for institutions charged with safeguarding cohesion to act swiftly.
"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 electoral experiences have demonstrated the profound consequences that ethnically charged rhetoric and divisive public statements can have on national unity, public confidence and the peaceful conduct of elections."
He adds that an impartial investigation would strengthen public confidence in institutions mandated to protect national cohesion.
"A timely, impartial and independent investigation into allegations of public statements capable of promoting ethnic profiling, stereotyping or hostility between communities would not only determine whether any legal violations have occurred but would also reinforce public confidence in the institutions entrusted with protecting national cohesion and help safeguard the integrity of the country's democratic processes as the electoral period draws nearer," Senator Cherargei said.
In the petition, Cherargei asks the commission to investigate the statement contained in the annexed material alongside any other related remarks it may lawfully obtain, review original recordings and transcripts, determine whether any laws were breached and prosecute Gachagua if violations are established.
He also requests that his office be informed of the outcome of the investigations.
The letter does not indicate whether NCIC has acted on the request, and it does not contain a response from Gachagua to the allegations raised in the petition.