The National Cohesion and Integration Commission (NCIC) in Kenya has determined that remarks made by Mukurweini Member of Parliament John Philip Kaguchia were threatening, coercive, and intimidating. The comments were made at a political gathering in Kieni, Nyeri County, in August. According to the NCIC, Kaguchia's statements undermined the freedom of individuals to choose their political supporters without facing threats or communal punishment. The commission's inquiry focused on remarks made on or about August 1, 2026.
The NCIC investigated Kaguchia's comments, which included saying that supporters of "Kasongo" or "Kasongo's people" would be followed and removed from their homes. The commission found that these utterances created a risk of intimidation, exclusion, and harm to peaceful coexistence. The NCIC considered the context of the statements, including their public setting and Kaguchia's influence as an elected MP. The commission's Chairperson, Bishop Dr. Kepha Nyamweya, stated that the calls concerned actions that neighbours and community members could take directly.
Kaguchia appeared before the NCIC on August 31, 2026, accompanied by his advocates. They challenged the English translation contained in the summons and asked the commission to defer the inquiry due to related criminal proceedings. However, Kaguchia declined to make a substantive statement, citing his right to silence and privilege against self-incrimination. The NCIC stated that it did not draw conclusions from his decision to remain silent and instead relied on independent evidence in making its determination.
The NCIC has given Kaguchia seven days to withdraw his statements and issue a public apology. The apology must be issued in Kikuyu, Kiswahili, and English. Additionally, the lawmaker is required to organise and fund peacebuilding activities to promote societal harmony. The commission instructed Kaguchia to communicate his acceptance or proposed variations within seven days from the date of the determination.
The NCIC will monitor Kaguchia's compliance with the agreed terms, including any repetition of the statements or implementation of threatened measures. The commission aims to conclude settlement discussions within 30 days from the date of the determination. If Kaguchia fails to comply, the NCIC may take further action to address the situation.
The incident highlights the importance of promoting tolerance and understanding in Kenya's political landscape. The NCIC plays a crucial role in ensuring that leaders' statements do not incite violence or intimidation. The commission's actions demonstrate its commitment to upholding the principles of national cohesion and integration.
Kaguchia's case is a significant test of the NCIC's authority and the government's commitment to addressing hate speech and intolerance. The outcome will be closely watched by Kenyans and international observers. The NCIC's decision serves as a reminder to leaders of the importance of exercising their freedom of expression responsibly.
Key points
- NCIC gives MP Kaguchia 7 days to apologise for threatening remarks
- Kaguchia's statements created a risk of intimidation, exclusion, and harm to peaceful coexistence
- MP required to issue apology in Kikuyu, Kiswahili, and English, and fund peacebuilding activities