The operators of Business Bay Square mall in Eastleigh have formally petitioned the National Cohesion and Integration Commission (NCIC) to investigate and prosecute former Deputy President Rigathi Gachagua over remarks they claim amount to ethnic contempt and hate speech.
This follows Gachagua’s recent remarks that apparently linked the mall to alleged fraud in Minnesota, United States.
In their letter addressed to NCIC Chairperson Rev. Dr Samuel Kobia, law firm MMA Advocates, acting on behalf of BBS Mall proprietors, accused Gachagua of making inflammatory statements that stigmatise the Somali community and damage legitimate businesses through ethnic profiling.
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The complaint centers on remarks Gachagua made during a church service at AIPCA Kiratina Church in Githunguri Constituency on January 4, 2026, where he linked alleged fraud involving disability funds from Minnesota to property investments in Eastleigh.
The law firm argued that remarks made by Gachagua who leads the Democracy for Citizens Party (DCP) falsely linked the mall and its owners to funds from an alleged fraud in Minnesota, United States, and implicitly associated the Somali community with criminal conduct.
Gachagua implied that individuals allegedly involved in the Minnesota fraud scheme are connected to a mall in Eastleigh and are still benefiting from government contracts, to the detriment of local farmers.
Notably, Gachagua did not mention the name of the mall he was referring to.
The lawyers argue that while BBS Mall was never explicitly named, any ordinary and right-thinking member of society would identify their client’s property through clear innuendo as the only major shopping complex fitting Gachagua’s description in Eastleigh along General Waruinge Street.
“Repeated references to ‘Eastleigh’ operated as a thinly veiled attribution of criminality to the Somali ethnic community and to Somali-owned commercial enterprises,” the complaints states, adding that such speech “stigmatizes communities, damages lawful businesses, destabilizes commercial relations, and undermines national unity.”
MMA Advocates contend the remarks violate Section 13 of the National Cohesion and Integration Act, which criminalizes threatening or insulting words intended to stir up ethnic hatred.
They also cite constitutional protections against hate speech and ethnic vilification.
The petition emphasises that BBS Mall hosts leading companies and businesses, including anchor tenants, financiers, professional service providers, and that damage to its reputation could imperil relationships with tenants, suppliers, bankers, insurers, and regulators.
“The harm is materially aggravated by the stature of the speaker,” the lawyers wrote, noting that statements from a former high constitutional office holder carry particular influence in shaping public perception.
The legal team demands that NCIC investigate the remarks, determine whether they constitute ethnic contempt or hate speech, issue public censure if warranted, and refer the matter to the Director of Public Prosecutions for criminal prosecution against Gachagua.
At the time of publishing this story neither Gachagua nor NCIC had issued public statements on the complaint.
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The operators of Business Bay Square mall in Eastleigh have formally petitioned the National Cohesion and Integration Commission (NCIC) to investigate and prosecute former Deputy President Rigathi Gachagua over remarks they claim amount to ethnic contempt and hate speech.
This follows Gachagua’s recent remarks that apparently linked the mall to alleged fraud in Minnesota, United States.
In their letter addressed to NCIC Chairperson Rev. Dr Samuel Kobia, law firm MMA Advocates, acting on behalf of BBS Mall proprietors,
accused Gachagua
of making inflammatory statements that stigmatise the Somali community and damage legitimate businesses through ethnic profiling.
Follow The Standard
channel
on WhatsApp
The complaint centers on remarks Gachagua made during a church service at AIPCA Kiratina Church in Githunguri Constituency on January 4, 2026, where he linked alleged fraud involving disability funds from Minnesota to property investments in Eastleigh.
The law firm argued that remarks made by Gachagua who leads the Democracy for Citizens Party (DCP) falsely linked the mall and its owners to funds from an alleged fraud in Minnesota, United States, and implicitly associated the Somali community with criminal conduct.
Gachagua implied
that individuals allegedly involved in the Minnesota fraud scheme are connected to a mall in Eastleigh and are still benefiting from government contracts, to the detriment of local farmers.
Notably, Gachagua did not mention the name of the mall he was referring to.
The lawyers argue that while BBS Mall was never explicitly named, any ordinary and right-thinking member of society would identify their client’s property through clear innuendo as the only major shopping complex fitting Gachagua’s description in Eastleigh along General Waruinge Street.
“Repeated references to ‘Eastleigh’ operated as a thinly veiled attribution of criminality to the Somali ethnic community and to Somali-owned commercial enterprises,” the complaints states, adding that such speech “stigmatizes communities, damages lawful businesses, destabilizes commercial relations, and undermines national unity.”
MMA Advocates contend the remarks violate Section 13 of the National Cohesion and Integration Act, which criminalizes threatening or insulting words intended to stir up ethnic hatred.
They also cite constitutional protections against hate speech and ethnic vilification.
The petition emphasises that BBS Mall hosts leading companies and businesses, including anchor tenants, financiers, professional service providers, and that damage to its reputation could imperil relationships with tenants, suppliers, bankers, insurers, and regulators.
“The harm is materially aggravated by the stature of the speaker,” the lawyers wrote, noting that statements from a former high constitutional office holder carry particular influence in shaping public perception.
The
legal team demands
that NCIC investigate the remarks, determine whether they constitute ethnic contempt or hate speech, issue public censure if warranted, and refer the matter to the Director of Public Prosecutions for criminal prosecution against Gachagua.
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At the time of publishing this story neither Gachagua nor NCIC had issued public statements on the complaint.
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By Nancy Gitonga