The proprietors of Business Bay Square (BBS Mall), through MMA Advocates LLP, have lodged a formal complaint with the National Cohesion and Integration Commission (NCIC) seeking an investigation, censure, and possible prosecution in relation to public remarks made by Former Deputy President Gachagua.
The complaint relates to statements by the former Deputy President linking the alleged daycare fraud in Minnesota, United States, to Kenya and to identifiable commercial enterprises in Eastleigh.
According to the petition dated January 5, 2026, the remarks were publicly disseminated and unfairly linked the alleged foreign criminal activity to specific businesses and individuals in Kenya.
“We act for our clients, the proprietors of Business Bay Square, otherwise known as BBS Mall. Under their instructions, we write to formally lodge a complaint and to demand action by the Commission in respect of public remarks made by Hon. Rigathi Gachagua,” read the complaint letter in part.
Remarks by Gachagua
Speaking during a church service on Sunday, January 4, Gachagua alleged that funds intended to support people with disabilities in Minnesota, United States, were stolen and transferred to Kenya, where they were used to buy land, build houses, and construct shopping malls.
He claimed that part of the money was used for political activities and alleged that a mall in Eastleigh was built using the proceeds, linking its owner to the President.
“There is a mall in Eastleigh that was built using that money, and the owner is a business partner of the President.”
He further alleged that the same individual was involved in large-scale duty-free rice and sugar imports that harmed farmers in Mwea and Western Kenya, and claimed the government enabled the imports.
Gachagua also said US authorities were pursuing the alleged fraud suspects and accused local institutions of attempting to block extradition through court processes, while calling for direct US intervention to apprehend the individual and recover the funds.
BBS Mall owners Complaint
In the petition, the BBS Mall owners state that they do not challenge the right of public figures to comment on crime or matters of public interest.
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However, they argue that the remarks in question improperly linked alleged foreign fraud proceeds to malls in Eastleigh, implied involvement of Kenyan political figures, and called for extra-judicial action by foreign authorities, a framing they say fuels suspicion against lawful businesses and residents.
MMA Advocates maintains that BBS Mall is a legally established commercial development hosting regulated and legitimate enterprises, and that its reputation has been unfairly placed at risk.
“Our clients’ property, BBS Mall, is a substantial and lawfully established commercial enterprise hosting leading companies and businesses, including anchor tenants, financiers, professional service providers, suppliers, and other regulated commercial actors.”
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The complaint cites Articles 27 and 28 of the Constitution on equality before the law and protection of human dignity, including reputation, and Article 33(2), which excludes hate speech and ethnic vilification from constitutional protection.
Demands to the Commission
The BBS Mall owners have asked the NCIC to investigate the remarks in their full context and make a formal determination on whether they amount to ethnic contempt, hate speech, or conduct undermining national unity and cohesion.
They have also requested the Commission to issue appropriate censure and to refer the matter for prosecution where the statutory threshold is met.
In addition, the complaint calls on the NCIC to engage with media houses and caution them against amplifying statements that may be divisive or harmful to social cohesion.
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