Rigathi Gachagua has informed the National Cohesion and Integration Commission (NCIC) that he will not honour its August 27 summons, citing a foreign trip that will keep him out of the country for nearly two months.
The former Deputy President’s lawyers communicated the decision in a letter dated August 20, saying the travel plans had been made before the commission asked him to appear.
“We advise that the aforesaid date is not convenient for His Excellency since he will be out of the country on a pre-planned and widely publicised foreign trip. His Excellency will be out of the Country between 26th August, 2026, and 20th October, 2026,” the letter stated.
Gachagua, the leader of the Democracy for Citizens Party (DCP), had earlier disclosed that he would visit the United States as part of efforts to engage Kenyans in the diaspora ahead of the 2027 General Election.
NCIC summoned Gachagua on August 18 over remarks allegedly made at different public gatherings. The commission is investigating statements attributed to him during a tour of Meru County between July 25 and July 28.
The inquiry also covers comments allegedly made during a June 12 political rally in Luanda, Vihiga County, and an event at Gusii Stadium in Kisii County on February 23.
Gachagua’s lawyers have challenged the allegations, saying the remarks listed by NCIC do not fall under offences provided for in the National Cohesion and Integration Act.
According to the legal team, the statements did not call for ethnic hatred, hostility, violence or discrimination against any person or community.
The lawyers have also raised concerns over the evidence supplied by NCIC, arguing that the excerpts of the alleged remarks do not show the circumstances or full context in which the statements were made.
They have therefore asked the commission to hand over the original audio and video recordings of the events, alongside certified transcripts.
For statements connected to the Meru tour, the legal team wants NCIC to identify the specific dates, times and places where the remarks were allegedly made.
The lawyers have also sought certified translations of any statements that were delivered in languages other than English or Kiswahili.
Gachagua’s legal team further wants the commission to clarify the rights and procedure that will apply if he appears before NCIC.
They have asked whether he will be allowed to attend with his lawyers, submit evidence, call witnesses and receive copies of the complaints and documents being relied upon by the commission.
Despite declining the August 27 date, Gachagua has not ruled out engaging with NCIC.
His lawyers said the former Deputy President remains ready to cooperate with the investigation once the commission provides the additional information and material they have requested.