DPP Explains Why Rigathi Gachagua’s Hate-Speech Case Collapsed

Kenya’s Director of Public Prosecutions, Renson Ingonga, told a Senate committee that stalled hate-speech cases stem from weak investigations and gaps in the law, not inaction by his office.

Mr Ingonga said almost all case files sent to the Office of the Director of Public Prosecutions, about 99 percent, do not meet the standard required for prosecution. He cited the failed case against former Deputy President Rigathi Gachagua, which collapsed because the National Cohesion and Integration Commission (NCIC) did not provide adequate evidence. 

He told senators that the ODPP cannot take cases to court without credible material to support them. He also pointed to shortcomings in the NCIC Act, noting that key terms such as “hate speech” and “incitement” are not clearly defined. 

According to him, these gaps make judicial interpretation inconsistent and often result in decisions that favour the accused. Senators on the National Cohesion Committee warned that the absence of convictions for prominent figures could heighten political tensions before the 2027 elections. 

Committee chair Mohamed Chute questioned why no high-profile politician has been successfully prosecuted despite repeated allegations of inflammatory remarks. Nominated Senator Catherine Mumma compared the situation to the period before the 2007 elections and cautioned that unaddressed hate speech could expose the country to renewed instability.

Mr Ingonga noted that several cases are underway, including prosecutions of Naivasha MP Jayne Kihara, former Kiambu Governor Ferdinand Waititu, and Mumias East MP Peter Salasya. He said the ODPP has opposed bail for the accused to emphasise the seriousness of the charges.

Court processes, however, remain slow. The High Court has suspended the case against Ms Kihara, with a mention due in late November. Mr Waititu’s hearing is scheduled for January 2026, and Mr Salasya’s case is set for two days after that.

The NCIC has also listed Mr Gachagua, four governors, and about ten MPs as subjects of ongoing investigations. Mr Ingonga added that his office has not received any file concerning Kapseret MP Oscar Sudi and said that witness reluctance continues to weaken potential cases.

The DPP acknowledged that his office faces resource constraints, including limited funding. He stressed that proceeding with poorly supported cases exposes the ODPP to the risk of malicious-prosecution claims, which he seeks to avoid.