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Owners of Business Bay Square (BBS Mall) in Nairobi’s Eastleigh area have called on the National Cohesion and Integration Commission (NCIC) to investigate and take action over comments made by former Deputy President Rigathi Gachagua, which they say amount to ethnic contempt, hate speech, and conduct that undermines national unity.
In a formal letter to NCIC Chair Dr Samuel Kobia, submitted through MMA Advocates, the mall proprietors claim Gachagua made inflammatory statements during a church service at AIPCA Kiratina Church in Githunguri, Kiambu County, on January 4, 2026.
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The complaint alleges that Gachagua claimed funds embezzled in a fraud scheme in Minnesota, United States, were allegedly brought into Kenya, invested in Eastleigh properties, and used to build a shopping mall.
He also suggested that the individuals benefiting from these funds were connected to senior political leaders and called on former US President Donald Trump to intervene directly in Kenya.
While Gachagua did not explicitly mention BBS Mall, the owners argue that the remarks clearly referred to their property, given its prominence and location. They contend that the statements, made without evidence or legal process, have seriously harmed the mall’s reputation and business interests.
“Our clients do not oppose public discussion on crime or matters of public interest,” the letter states. “The concern is the framing and predictable effect of the remarks, which imply collective ethnic and commercial culpability.”
The mall owners argue that repeated references to Eastleigh effectively painted the Somali community and Somali-owned businesses as criminals, violating constitutional protections and the NCIC Act.
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They cited Articles 27, 28, and 33 of the Constitution, which safeguard equality, dignity, and prohibit hate speech, as well as Section 13 of the NCIC Act, which criminalizes speech intended to incite ethnic hatred.
They warn that the remarks threaten relationships with tenants, banks, insurers, employees, and regulators, particularly given Gachagua’s high-profile status.
The owners are requesting that NCIC:
- Conduct a full investigation into the remarks;
- Determine whether they constitute ethnic contempt or hate speech;
- Issue appropriate censure; and
- Refer the matter for prosecution where legally justified.
Additionally, they urge the Commission to caution media outlets against uncritically broadcasting statements that may incite ethnic animosity.
“This request is made in the public interest,” the letter notes, adding that any delay or inaction by NCIC would raise concerns about its ability to uphold its constitutional mandate.
