By Ongaga Ongaga
The proprietors of Business Bay Square (BBS Mall) in Nairobi’s Eastleigh have formally petitioned the National Cohesion and Integration Commission (NCIC) to investigate and prosecute former Deputy President Rigathi Gachagua over remarks they say amount to ethnic contempt and undermine national cohesion.
In a letter addressed to NCIC chairperson Rev. Dr Samuel Kobia, lawyers from MMA Advocates accuse Mr Gachagua of making public statements that allegedly linked proceeds of the so-called “Minnesota fraud” in the United States to Kenya and, by implication, to commercial enterprises in Eastleigh.
The remarks were made on January 4, 2026, during a Sunday church service at AIPCA Kiritina Church in Githunguri, Kiambu County, and were later disseminated by the media, according to the complaint.
In the excerpts reproduced in the letter, Mr Gachagua is quoted alleging that money stolen in Minnesota was brought into Kenya, invested in property, and used to construct shopping malls in Eastleigh.
In one passage, he states: “Pale Minnesota, US kulikuwa na pesa ya kusaidia people with disability… Hiyo pesa yote ikabiwa ikaletwa hapa Kenya… wakajenga ma-mall.”
The former deputy president is also quoted calling on former US President Donald Trump to bypass Kenyan courts and directly extract suspects from the country.
“Just send your people with a plane, come and pick that fellow from here,” he is quoted as saying, drawing applause from the congregation.
The BBS Mall owners argue that although public figures are entitled to comment on crime, the manner, framing and ethnic innuendo of the remarks were reckless and harmful.
“Our clients do not contend that crime is beyond public discussion,” the lawyers state.
“Their complaint is confined to the manner, framing, and foreseeable effect of the remarks complained of.”
They argue that an ordinary listener would reasonably interpret the statements as referring to Business Bay Square, located along General Waruinge Street in Eastleigh, despite the absence of an explicit mention.
According to the complaint, BBS Mall is a lawfully established commercial enterprise hosting anchor tenants, financial institutions, professional service providers and regulated businesses, whose reputation is central to the confidence of tenants, banks, insurers and regulators.
“Criminal responsibility under Kenyan law is personal and evidence-based,” the letter states, adding that speech which blurs this distinction “stigmatizes law-abiding citizens and renders legitimate enterprises suspect by association.”
The petition cites Articles 27, 28 and 33 of the Constitution, as well as Section 13 of the National Cohesion and Integration Act, and calls on NCIC to take action to safeguard equality, human dignity and peaceful coexistence.