Mukurwe-ini MP John Kaguchia Faces NCIC Over Incitement Claims, Questions Charge Handling

Mukurwe-ini Member of Parliament John Kaguchia appeared before the National Cohesion and Integration Commission (NCIC) on Monday, August 24, 2026, addressing allegations of incitement and hate speech linked to comments he made during a political rally.

Kaguchia challenged the manner in which authorities handled his case, revealing that investigators initially sought to charge him under the Elections Offences Act but later changed course to prosecute him under the Penal Code. He explained that the original charge was dropped after officials realised that the Elections Offences Act applies only during active election periods.

Details of Arrest and Charges

• The MP recounted being arrested with significant police presence, including 13 vehicles and 48 hooded officers.
• He was first taken to Karura and then Kamukunji Police Station, where he was initially booked under the Elections Offences Act.
• Following a three-hour meeting among Directorate of Criminal Investigations (DCI) officers, the charge was revised to offensive conduct likely to breach the peace, under Section 94(1) of the Penal Code.
• Kaguchia was arraigned at Milimani Law Courts, released on a Ksh1 million bond or an alternative cash bail of Ksh250,000.

Context of the Case

The legal issues stem from remarks Kaguchia made on August 1, 2026, at a rally in Kieni, Nyeri County, where he warned Mt Kenya residents against supporting President William Ruto in the 2027 General Election. He reportedly said those voting for Ruto would be "tracked to their homes and smoked out," triggering investigations by security agencies.

Kaguchia was arrested two days later at Royal Media Services in Nairobi after appearing on Inooro TV's Kiririmbi programme.

Legal and Procedural Concerns

His defence raised questions about the jurisdiction of Milimani Law Courts, given the alleged offence took place in Nyeri County. Additionally, Kaguchia noted the prosecution team included up to eight prosecutors from the Office of the Director of Public Prosecutions (ODPP).

He also highlighted debates over why charges were not brought under the National Cohesion and Integration Act, which specifically addresses hate speech, suggesting the remarks may not have met the legal threshold for that offence.

Broader Scrutiny and Ethics Review

The NCIC has increased monitoring of political speech ahead of the 2027 elections, cautioning leaders against statements that could undermine national unity.

Separately, the Law Society of Kenya (LSK) has launched an ethics investigation into Kaguchia’s and Homa Bay Town MP Peter Kaluma’s comments. LSK President Charles Kanjama emphasised that lawyers maintain professional standards even in politics, and the society’s disciplinary process will be independent of the ongoing criminal case.