The National Cohesion and Integration Commission (NCIC) Chairperson Dr Kefa Omae-Daktari has explained why Cabinet Secretaries Aden Duale and Geoffrey Ruku, along with five other political leaders, have not been prosecuted despite being summoned over alleged hate speech and incitement-related remarks.
Speaking on the Monday Report program on Citizen TV, Omae said the commission is still investigating and gathering evidence before forwarding any files to the Office of the Director of Public Prosecutions (ODPP).
He maintained that NCIC’s role is to summon suspects, investigate complaints, and recommend prosecution where sufficient evidence exists.
Why Duale and 6 Others Are Yet to Be Prosecuted
The NCIC boss named Duale, Ruku, former Deputy President Rigathi Gachagua, Halima Mohamed, Mombasa Deputy Governor Francis Thoya, and Mukurweini MP John Kaguchia among leaders whose cases the commission is actively considering.
He also said Homa Bay Town MP Peter Kaluma had been issued a notice and summons following remarks linked to recent political tensions in the country.
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Omae said investigations cannot be rushed because the commission must ensure every case is backed by sufficient evidence before presenting it to prosecutors.
“You cannot send a file to the Director of Public Prosecutions for action when the case is not watertight. It doesn’t have facts,” he stated.
According to Omae, many Kenyans expect immediate arrests and prosecutions whenever political leaders make controversial statements.
However, he said the legal process requires investigators to gather facts, obtain witness statements, and verify the exact words spoken before making any recommendations.
He further explained that when remarks are made in local languages, investigators must first have them professionally transcribed before determining whether they amount to hate speech or ethnic incitement.
The commission works with relevant agencies and experts during that process.
Omae further noted that a file cannot be submitted to the ODPP unless investigators are confident that it is strong enough to support a prosecution.
He argued that weak cases often fail because they lack adequate facts and evidence.
The NCIC chair also revealed that some of the leaders summoned have not appeared before the commission despite receiving notices.
He said dealing with political leaders can be challenging because some dispute receiving summonses or fail to respond promptly, forcing the commission to follow up and continue investigations.
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While discussing the cases involving Duale, Ruku, and other leaders, Omae said investigations are almost complete and that Kenyans will soon see action from the commission.
NCIC Rejects Claims of Bias
The issue arose after the interviewer questioned whether NCIC was acting more aggressively against opposition figures than leaders associated with government.
Omae rejected the criticism and insisted the commission had treated all complaints without political favoritism.
To support his argument, he cited the list of leaders summoned, noting that they come from different political backgrounds.
“Look at the names of the six members I have listed to you. Are they from one side? Certainly not. It is balanced. This speaks more of non-discrimination and impartiality when it comes to summoning. So the perception that Kenyans have needs to be demystified,” he stated.
Omae also acknowledged Kenyans’ frustrations over the slow pace of hate speech cases.
He admitted that NCIC is under-resourced and relies heavily on cooperation with other agencies, including the Directorate of Criminal Investigations (DCI), the National Police Service (NPS) and the ODPP.
He warned that ethnic mobilization, incitement and toxic political rhetoric remain major concerns as the country moves closer to the 2027 General Election.
According to him, peaceful, credible elections cannot be achieved in an environment marked by division and hostility.
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