In Determination No. 1 of 2026, the commission said remarks made by Kaguchia at a political gathering in Kieni, Nyeri County, on or about August 1, 2026, called on supporters to identify, pursue and socially exclude people perceived to support President William Ruto.
According to the certified translation of the speech, Kaguchia referred to supporters of “Kasongo” or “Kasongo’s people”, saying they would be followed and recorded and that some would be “removed from beneath their beds”.
The commission also found that the remarks called for people to be denied communal support during funerals, dowry ceremonies, illness and other occasions because of their political affiliation.
NCIC said the statements undermined citizens’ freedom to make political choices without facing threats, intimidation or social punishment.
“The Commission finds that Hon. John Philip Gichohi Kaguchia’s public utterances were threatening, intimidatory and coercive,” the commission said in its determination.
It further said the remarks created a foreseeable risk of intimidation and social exclusion, particularly because they were made publicly by a sitting elected leader.
Kaguchia appeared before the commission on August 31, 2026, accompanied by his lawyers. He exercised his right to remain silent, citing ongoing criminal proceedings, and challenged the initial English translation of his remarks.
NCIC said it did not draw any adverse inference from his decision to remain silent, adding that it relied on the original Kikuyu recording and an independently certified translation.
The commission also clarified that the existence of a criminal case does not prevent it from undertaking its administrative, preventive and conciliatory mandate, noting that the processes operate under different legal standards and may result in different remedies.
NCIC has directed Kaguchia to immediately cease making, repeating, publishing, endorsing or encouraging similar threats or calls for political exclusion.
He has also been ordered to publicly retract and apologise for the remarks and issue a corrective statement in Kikuyu, Kiswahili and English.
The commission said the retraction should have prominence and reach reasonably comparable to that of the original remarks.
Kaguchia has further been directed to affirm the right of Kenyans to support any political leader without facing intimidation or exclusion from communal activities, including funerals, dowry ceremonies and assistance during illness.
The NCIC also ordered the MP to give written undertakings against creating or encouraging political lists for surveillance, intimidation, discrimination or exclusion.
He is required to publicly call on his supporters and community members to refrain from identifying, recording, pursuing, threatening or excluding people because of their political choices.
The commission further directed Kaguchia to organise and fund a restorative peacebuilding and social cohesion activity at his own cost, subject to NCIC approval.
Kaguchia has seven days from the date of the determination to communicate his acceptance of the measures or propose variations.
The latest determination follows a criminal case arising from the same August 1 remarks. Kaguchia was charged with offensive conduct conducive to breaches of the peace after allegedly making the remarks at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County.
The NCIC said it will seek to conclude settlement discussions within 30 days. If conciliation does not produce a satisfactory resolution, the commission may issue a compliance notice under the National Cohesion and Integration Act, with enforcement potentially proceeding through the Magistrates’ Court.
In Determination No. 1 of 2026, the commission said remarks made by Kaguchia at a political gathering in Kieni, Nyeri County, on or about August 1, 2026, called on supporters to identify, pursue and socially exclude people perceived to support President William Ruto.
According to the certified translation of the speech, Kaguchia referred to supporters of “Kasongo” or “Kasongo’s people”, saying they would be followed and recorded and that some would be “removed from beneath their beds”.
The commission also found that the remarks called for people to be denied communal support during funerals, dowry ceremonies, illness and other occasions because of their political affiliation.
NCIC said the statements undermined citizens’ freedom to make political choices without facing threats, intimidation or social punishment.
“The Commission finds that Hon. John Philip Gichohi Kaguchia’s public utterances were threatening, intimidatory and coercive,” the commission said in its determination.
It further said the remarks created a foreseeable risk of intimidation and social exclusion, particularly because they were made publicly by a sitting elected leader.
Kaguchia appeared before the commission on August 31, 2026, accompanied by his lawyers. He exercised his right to remain silent, citing ongoing criminal proceedings, and challenged the initial English translation of his remarks.
NCIC said it did not draw any adverse inference from his decision to remain silent, adding that it relied on the original Kikuyu recording and an independently certified translation.
The commission also clarified that the existence of a criminal case does not prevent it from undertaking its administrative, preventive and conciliatory mandate, noting that the processes operate under different legal standards and may result in different remedies.
NCIC has directed Kaguchia to immediately cease making, repeating, publishing, endorsing or encouraging similar threats or calls for political exclusion.
He has also been ordered to publicly retract and apologise for the remarks and issue a corrective statement in Kikuyu, Kiswahili and English.
The commission said the retraction should have prominence and reach reasonably comparable to that of the original remarks.
Kaguchia has further been directed to affirm the right of Kenyans to support any political leader without facing intimidation or exclusion from communal activities, including funerals, dowry ceremonies and assistance during illness.
The NCIC also ordered the MP to give written undertakings against creating or encouraging political lists for surveillance, intimidation, discrimination or exclusion.
He is required to publicly call on his supporters and community members to refrain from identifying, recording, pursuing, threatening or excluding people because of their political choices.
The commission further directed Kaguchia to organise and fund a restorative peacebuilding and social cohesion activity at his own cost, subject to NCIC approval.
Kaguchia has seven days from the date of the determination to communicate his acceptance of the measures or propose variations.
The latest determination follows a criminal case arising from the same August 1 remarks. Kaguchia was charged with offensive conduct conducive to breaches of the peace after allegedly making the remarks at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County.
The NCIC said it will seek to conclude settlement discussions within 30 days. If conciliation does not produce a satisfactory resolution, the commission may issue a compliance notice under the National Cohesion and Integration Act, with enforcement potentially proceeding through the Magistrates’ Court.
