Why I will not honour NCIC summons; Rigathi Gachagua
Rigathi Gachagua has explained why he will not appear before the National Cohesion and Integration Commission (NCIC) on August 27
Former Deputy President Rigathi Gachagua has explained why he will not appear before the National Cohesion and Integration Commission (NCIC) on August 27 after being summoned to assist in ongoing investigations into alleged utterances attributed to him at various public events.
Through his lawyers, Gachagua said he is willing to cooperate with the commission but wants access to the evidence and information relating to the allegations before participating in the investigations.
In a letter dated Friday, August 21, and addressed to NCIC, the lawyers said the statements cited by the NCIC were excerpts rather than complete utterances.
They argued that the full context was necessary for Gachagua to adequately prepare for the investigations.
“This is therefore to request that you avail an authentic copy of the original audio visual footage of the public rallies and events that are referred to in your letter together with a duly certified transcription thereof to enable our Client to review and prepare for the investigations,” the letter read.
Gachagua’s legal team also raised concerns over what it described as a lack of precise details concerning when and where some of the alleged utterances were made, particularly those relating to his tour of Meru County.
“While you have not provided the time when all the alleged utterances were made, for the so called Meru tour you have not provided even the dates when or location within Meru County where each statement is alleged to have been made. You appreciate the difficulties that this imprecision puts our Client in.
“He cannot tell whether he was in Meru in the first place or any of the other locations that are stated in your letter. We are therefore requesting that you provide precise location(s), date and time when each of the utterances under investigation are alleged to have been made,” the letter added.
The lawyers further argued that some of the statements listed in the summons were not in either English or Kiswahili, and therefore required official translation before they could form a proper basis for investigations.
“The above statement is neither in English nor Kiswahili language. Without an official translation by an expert in the language used therein any investigations would not be helpful. We are therefore requesting for a certified official translation in respect of all the statements or part thereof that are not in the official languages of English or Kiswahili,” the letter further read.
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Gachagua’s lawyers also disputed the NCIC’s basis for investigating the alleged statements, arguing that even if the statements had been made, they did not amount to offences under the National Cohesion and Integration Act.
“In their literal, contextual or figurative meaning the statements do not amount to threatening, abusive or insulting expressions coupled with an intention to stir up ethnic hatred, or circumstances in which ethnic hatred is likely to be stirred up.
“Besides, the statements do not incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race. In short, the statements do not in any way fall within the purview of the mandate of NCIC. The investigation is therefore unnecessary,” the letter noted.
The legal team also asked the commission to provide the rules of procedure it intends to use in conducting the investigations, saying they had been unable to trace the relevant rules and regulations.
Gachagua maintained that he remained willing to cooperate with the commission provided he was given the necessary information and documentation concerning the allegations.
The lawyers, however, informed the NCIC that Gachagua would not be available on August 27, when he had been required to appear before the commission at 2pm, citing a pre-planned foreign trip.
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