BBS Mall owners demand NCIC action over Gachagua remarks

By Newsflash Reporter

The owners of BBS Mall in Nairobi’s Eastleigh area have petitioned the National Cohesion and Integration Commission (NCIC) to take action against former Deputy President Rigathi Gachagua over remarks they say amount to hate speech, ethnic profiling and economic discrimination.

Through MMA Advocates, the investors, in a letter dated January 5, 2026, accuse Gachagua of making “reckless, inflammatory and unsubstantiated statements” that portray Eastleigh and its business community as criminal enterprises, thereby threatening national cohesion and investor confidence. “These utterances have the effect of demonising an entire community and economic zone without factual or legal basis,” the letter states.

The complaint follows remarks Gachagua made on Sunday, January 4, during a church service at AIPCA Kiratina in Komothai Ward, Githunguri Constituency, Kiambu County. During the service, the former deputy president claimed that proceeds of a major fraud and money laundering scheme in Minnesota, United States, were siphoned into Kenya to finance political activities and large-scale commercial investments allegedly linked to President William Ruto’s allies.

He alleged that some of the funds were used to buy land and houses and to construct a modern shopping mall in Nairobi’s Eastleigh area, claiming the mall’s owner was a business associate of the President and a key beneficiary of the alleged scheme.

‘Dangerous and divisive narrative’

The BBS Mall owners argue that Gachagua’s statements go beyond political critique and instead advance a narrative that associates an entire business district and community with criminality. They say the claims amount to ethnic profiling and violate both the Constitution and the National Cohesion and Integration Act.

“It is dangerous for a leader of Mr Gachagua’s stature to repeatedly suggest that businesses in Eastleigh are inherently criminal,” the petition reads. “Such statements amount to collective punishment and ethnic stereotyping, which this country has suffered from in the past.”

The investors stress that Eastleigh is a critical commercial hub supporting thousands of Kenyan families through employment, trade and tax contributions. They warn that branding the area as a criminal enclave risks fuelling resentment, harassment and hostility against law-abiding residents and traders.

“Our tenants are registered taxpayers, compliant with Kenyan law, and contribute significantly to the national economy,” the letter states. “Yet they are now being unfairly targeted in political rhetoric that threatens their safety, dignity and livelihoods.”

Investors cite economic and security fears

The mall owners further warn that continued use of what they describe as “hostile and stigmatising language” has already caused anxiety among investors, tenants and customers. They say some business people are reconsidering expansion plans due to fears of political targeting, reputational damage and regulatory hostility.

“These remarks have created uncertainty and fear within the business community,” the petition notes, adding that “unchecked political statements of this nature can lead to capital flight, job losses and social instability.”

They caution that such rhetoric could also embolden unlawful or arbitrary enforcement actions. “Crime should be addressed through intelligence-led investigations and individual accountability,” the investors argue, “not through blanket accusations against entire communities, regions or economic zones.”

In their appeal, the mall owners urge the NCIC to investigate whether Gachagua’s remarks constitute hate speech or ethnic contempt under the law and to recommend appropriate action. “We respectfully urge the Commission to exercise its mandate decisively,” the letter states, “so that no leader feels entitled to endanger national cohesion for political gain.”

The investors also call on the commission to issue a public clarification reaffirming that no community, business sector or region should be criminalised through political speech. Quoting the Constitution, the letter notes that freedom of expression “does not extend to speech that amounts to hate, discrimination or incitement.”

The petition concludes with an appeal for responsible leadership, stating: “Kenya’s diversity is a strength, not a weakness. Leaders must choose words that unite rather than divide.” The NCIC had not publicly responded to the complaint by the time of publication.