Tempers flare as MPs demand arrest of Gachagua over alleged incitement to violence

Members of Parliament have demanded the immediate arrest of former Deputy President Rigathi Gachagua, accusing him of making inflammatory remarks that threaten to revive the ethnic hostilities witnessed during the 2007/2008 post-election violence.

In a heated debate in Parliament on Tuesday, legislators rallied behind a motion moved by Suna East MP and Minority Whip Junet Mohamed, who warned that Gachagua’s utterances were inciting unrest and undermining national unity.

In a recent interview, Gachagua appeared to suggest that, if the Independent Electoral and Boundaries Commission (IEBC) was to rig the upcoming general election, the outcome would be worse than the aftermath of the 2007 polls—likening it to a “Christmas party.”

His comparison, widely interpreted as a trivialisation of the 2007/2008 post-election violence that claimed over 1,000 lives and displaced more than 600,000 people, drew sharp criticism from legislators across the political divide, who warned that such rhetoric risked rekindling ethnic tensions and inciting violence.

Junet warned that Kenya’s hard-won democratic gains risk being undone by leaders who incite unrest under the guise of free speech.

“Our country has made significant strides in strengthening our democratic institutions since the painful memories of the 2007/2008 post-election violence. Anchored in our Constitution are lawful, peaceful and democratic mechanisms to resolve electoral disputes. Let us not undo that progress,” he said.

He reminded the House that while Article 37 of the Constitution protects the right to peaceful assembly and protest, that right ends where violence begins.

“No leader, including the former DP, has the right to manipulate public sentiments to incite unrest, destruction of property, or the loss of innocent lives,” he said.

The Minority Whip warned that Gachagua’s recent comments, especially in areas around Wamunyoro and Mathira, were fueling unrest. He described the former Deputy President’s actions as “reckless” and in violation of Section 13 of the National Cohesion and Integration Act, which criminalises hate speech and incitement to violence.

“When leaders stand on podiums or go live on national television and call for confrontations instead of dialogue, they betray the very people they purport to represent. We vowed ‘never again’ after 2007, and ‘never again’ must be more than a slogan; it must be a commitment upheld by this House,” Junet added.

Majority Leader and Kikuyu MP Kimani Ichung’wah echoed the sentiments, issuing a scathing rebuke of Gachagua’s comparison of the 2007 post-election violence to a Christmas party.

“This is not just a man with a black heart, it is a man with a very dark soul. To equate the bloodshed of 2007, which claimed the lives of innocent Kenyans, to a Christmas celebration is unconscionable,” he said.

Ichung’wah accused Gachagua of celebrating violence and harbouring “evil thoughts,” asserting that such a person did not deserve to hold any leadership position. He also accused him of inciting youth to attack businesses over personal grudges, including instructing supporters to storm clubs where artists he disapproved of were performing.

“This is the height of an evil mind, a man who sees nothing good in this country except what satisfies his insatiable greed,” Ichung’wah said.

Rarieda MP Otiende Amollo supported calls for legal action, proposing that Parliament initiate a constitutional petition to permanently bar Gachagua from public service.

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“We impeached him on grounds that included his failure to uphold the dignity of the office. Now, we are seeing that same behaviour escalate into something more dangerous,” Amollo said.

He urged the National Cohesion and Integration Commission (NCIC), the Inspector General of Police, and other relevant agencies to act swiftly, warning that inaction would set a dangerous precedent.

“We must not treat hate speech and incitement as politics. These are criminal acts,” he said.

Uasin Gishu Woman Representative Gladys Boss Shollei criticised the NCIC for what she termed as selective enforcement of the law, questioning why Gachagua had not yet been arrested. “On behalf of the people of Uasin Gishu, we are offended. There must be no double standards in the application of justice.”

South Mugirango MP Sylvanus Osoro accused Gachagua of repeatedly invoking his ethnic base for political gain. “Every time he speaks, it’s only about him and his village. That’s a condition I call ‘village-isis’ — when you wake up and all you think about is one village.”

He went further to question Gachagua’s mental fitness for leadership, saying, “It’s time we advised him to see a psychiatrist. These are not the words of a healthy mind.”

Osoro also accused the former DP of selfishness, alleging that he uses his platform to attack artists, businesses and political rivals who do not align with his views.

“He even takes offence when artists visit the current Deputy President. If they don’t praise him, they become enemies,” he said, calling on the NCIC and the police to arrest Gachagua and charge him under relevant laws.

However, not all MPs agreed with the calls for criminal action. Funyula MP Wilberforce Oundo cautioned against what he described as an attack on free speech, warning that such actions could backfire.

“The danger of killing the messenger is believing that you’ve killed the message. We could have used this sitting to address more urgent national matters,” Oundo said.

“Even if it’s the devil speaking, let Kenyans hear it. A nation that does not learn from history is doomed to repeat it.”

The NCIC recently expressed concern over Gachagua’s remarks, warning that his utterances could destabilise national cohesion.

Last week, the commission summoned the former DP to appear before it and explain his statements.

However, Gachagua has openly dismissed the summons, drawing further criticism from legislators who accused him of defying constitutional institutions and undermining efforts to safeguard peace and unity in the country.