The National Cohesion and Integration Commission (NCIC) has ordered Ndaragwa MP John Philip Gichohi Kaguchia to immediately stop making or endorsing statements that threaten, intimidate or socially exclude people because of their political choices.
The directive follows an NCIC determination that remarks made by Kaguchia at a political gathering in Kieni, Nyeri County, on or about August 1, were threatening, intimidatory and coercive.
The Commission found that Kaguchia’s remarks called for supporters of “Kasongo” or “Kasongo’s people” to be identified and pursued, including claims that they would be followed and removed from beneath their beds. The speech also called for records to be kept of political supporters and for communal support to be withheld during funerals, dowry ceremonies and illness.
According to the determination signed on Wednesday, October 7, the remarks created a real and reasonably foreseeable risk of intimidation, exclusion and harm to peaceful coexistence.
The Commission said political choice must be exercised without threats or communal punishment, noting that people should remain free to support political leaders even where their choices are opposed by neighbours, relatives or local politicians.
Kaguchia appeared before the Commission on August 31 with his advocates. His legal team challenged the English translation of the speech and asked the Commission to defer the inquiry because of related criminal proceedings.
He declined to make a substantive statement, relying on his right to silence and privilege against self-incrimination.
The NCIC said it did not draw an adverse inference from his silence. Instead, it relied on the recording and a certified translation of the original Kikuyu remarks to establish that Kaguchia made the statements.
The Commission also rejected the argument that the related criminal case automatically prevented it from conducting its inquiry, noting that the administrative process and criminal proceedings addressed different questions and operated under different standards and remedies.
Beyond the immediate cessation notice, the NCIC has directed Kaguchia to withdraw the calls to record, follow, remove or deny communal assistance to people because of their political choices.
He must also issue a public retraction, apology and corrective statement in Kikuyu, Kiswahili and English, with prominence and reach reasonably comparable to the original speech.
The Commission further requires him to affirm the freedom of people to support any political leader without intimidation or exclusion from communal activities and to give written undertakings against repeating or encouraging similar statements.
Kaguchia has also been directed to organise and fund a restorative peacebuilding and social cohesion activity, subject to the Commission’s approval.
He has seven days from the October 7 determination to communicate his acceptance or proposed variations to the measures. The NCIC said it will seek to conclude settlement discussions within 30 days.
If conciliation does not achieve a satisfactory resolution, the Commission said an appropriate compliance notice may be issued, followed by enforcement action where the statutory conditions are met.
The NCIC said it will also monitor any repetition of the threats, implementation of threatened measures within its mandate and compliance with agreed corrective measures.
