NAIROBI, Kenya Jan 6 – A legal complaint has been filed against former Deputy President Rigathi Gachagua for remarks made during a Sunday church service in Kiratina, Kiambu County, that allegedly linked Kenyan businesses and the Somali community to a fraud scandal in Minnesota, USA.
The complaint, lodged by MMA Advocates on behalf of the owners of Business Bay Square (BBS Mall) in Eastleigh, calls on the National Cohesion and Integration Commission (NCIC) to investigate, censure, and, where necessary, prosecute Gachagua for statements that may undermine national unity.
According to the letter, Gachagua, speaking at AIPCA Kiratina Church on January 4, 2026, alleged that funds stolen in the United States were brought to Kenya and used to build commercial properties, including a mall in Eastleigh.
The lawyer representing the mall’s proprietors said the remarks explicitly linked the Somali community and identifiable businesses to criminal conduct without evidence.
“Any reasonable person listening to or reading these remarks would understand them as targeting Business Bay Square and, by extension, the Somali community,” the letter reads.
“Such statements stigmatize law-abiding citizens, damage lawful businesses, and undermine national cohesion.”
The letter cites the National Cohesion and Integration Act, which criminalizes the use of abusive, threatening, or insulting words intended to stir ethnic hatred.
It also references constitutional protections that safeguard equality, dignity, and freedom from hate speech.
Gachagua reportedly told the congregation that fraud must be investigated.
“Just send your people with a plane, come and pick that fellow from here… and the money returned… Because that fellow built that mall with that Minnesota money.”
MMA Advocates argue that Gachagua’s stature as a high-ranking public official gives his words weight and influence, increasing the potential harm to reputations and commercial confidence.
The complaint demands that the NCIC investigate the full context of the remarks, determine if they constitute ethnic contempt or hate speech, and, if warranted, issue formal censure and refer the matter for prosecution.
The letter also calls on media houses to exercise caution in broadcasting statements that could inflame ethnic tensions.
“The effect of these remarks is real, not hypothetical,” the lawyers wrote.
“They threaten the reputation and operations of lawful businesses, destabilize commercial relations, and can inflame ethnic animosity.”
The Commission has not yet responded to the complaint.
Copies of the complaint were also sent to the Director of Public Prosecutions.
