Why NCIC is the executive's lapdog

A section of politicians, most of them allies of President William Ruto, have recently cast off all pretences and are spewing hate with reckless abandon.

As this happens, the National Cohesion and Integration Commission (NCIC), a body tasked with combating hate mongering, finds itself fending off accusations of either favouritism or ineffectiveness in cracking down on incitement.

The President’s allies have been criticised for beating the drums of war by castigating entire communities in spiteful speeches. According to some observers, the NCIC has treated such persons as untouchables.

And critics have argued that action on the government’s detractors has mostly been swift, exposing alleged double standards within the NCIC, much as is the case with law enforcement agencies like the Directorate of Criminal Investigations, which has proven an effective appendage of the Executive.

Last week, Belgut MP Nelson Koech was under fire for urging the shooting and killing of rioters. His strong statements, which followed Ruto’s order to have looters and arsonists shot in the leg, eclipsed equally controversial ones that could well be seen as having the potential to stoke ethnic tensions.

“Nani alikwambia sisi ndio tutakaa one term? (Who told you we would serve for just one term?)” A livid Koech, who chairs the National Assembly’s Defence, Intelligence and Foreign Relations Committee, ranted in Belgut, Kericho County.

He lamented about unnamed people who thought of “them” (his community) as fools by saying that Ruto would serve a single term in office when former Presidents Uhuru Kenyatta and the late Mwai Kibaki had served two terms.

Koech’s remarks mirror remarks Ruto made on Wednesday last week, when he seemingly cast himself as the victim of an ethnically-motivated ouster push, also highlighting the fact that Presidents Uhuru Kenyatta and Mwai Kibaki served two terms in office, conveniently omitting the late President Daniel Moi’s 24-year tenure.

Koech would go on, saying: “Wasifikirie sisi ni waoga... Kama ni kupanga wasifikirie hatuwezi kupanga (They should not mistake us for cowards… We are also capable of planning).”

The MP did not specify who he targeted in his message and what the planning entailed, but referred to his community as peace-loving, saying they would not participate in any acts of violence. In an interview on Citizen TV on Tuesday, Githunguri MP Gathoni Wamuchoba termed Koech’s remarks “unfortunate” and an “incitement to violence”.

NCIC’s chairperson Rev Samuel Kobia, who said he was “deeply concerned” about such remarks, told The Standard that his commission has since summoned Koech, among other politicians deemed to have made inflammatory remarks.

“That’s the first step in the process that leads to arrest and/or prosecution,” he said.

Remarks like Koech’s have mostly come from allies of Ruto, largely from the President’s Rift Valley backyard, who assert the presidency to be “theirs”.

“When a leader comes from our region, they say he must go, but when they are from another region, no one pushes that agenda,” said Baringo North MP Joseph Makilap.

Before them, there was Tiaty MP William Kamket, who said the ruling administration could disregard term limits and went as far as to threaten to counter protesting youth with a team of his own.

“If you think the rungu-wielding goons who stormed Nairobi are trouble, come back next week and you’ll know who the Pokot youth are,” Kamket said ahead of the June 25, 2025 commemorative protests.

There were others before him, like Kapseret MP Oscar Sudi and Nandi Senator Samson Cherargei, both of whom have made statements that hint at possible vote fraud. Sudi has consistently said that the ruling coalition would “add” to Ruto’s votes if they were not enough in 2022.

Wajir Women Representative Fatuma Jehow was more blunt about plans to manipulate election results in Ruto’s favour.

“Tunangojea tu debe iletwe hata kama hatutakuwa na votes tutamuibia hiyo sio siri (We are waiting for the ballot boxes and if we will not have enough votes, we will ‘steal’ and this is no secret,” she said.

That action against them has been slow in coming has led many to suggest favouritism by the NCIC.

“Ruto’s close allies are adding salt to injury and saying things no leader should utter,” said Nairobi Senator Edwin Sifuna. “We have institutions like the NCIC, whose job is to summon leaders like Sifuna. I haven’t seen them summoning UDA members and allies of Ruto.”

In May, former Deputy President Rigathi Gachagua also made allegations of bias when he ignored summonses by the NCIC over a statement that hinted at possible violence in 2027 if the presidential election were to be rigged.

Gachagua’s lawyers argued that pro-Ruto lawmakers, such as Kamket, Sudi and Nandi Senator Samson Cherargei, had been shielded from accountability over vote-rigging suggestions.

“In light of the foregoing, our client respectfully demands clarity as to whether the Commission remains committed to executing its constitutional and statutory mandate in a fair, impartial and non-discriminatory manner,” his team noted.

But Kobia countered these claims of favouritism and said the commission was “not selective at all”.

“Those supporting the government accuse NCIC of being biased against them and in favour of the opposition and vice versa,” the NCIC chairperson added.

Still, there are glaring weaknesses in how the NCIC conducts its duties, evidenced by the fact that no politician has been convicted for making inflammatory remarks.

That was the case with Dadaab MP Farah Maalim, an opposition lawmaker affiliated with Ruto, who was summoned over alleged inflammatory talk last year. And questions emerge about the usefulness of the body.

The body, created by the 2010 Constitution, was formed in response to the post-election violence of 2007-2008 to promote reconciliation and prevent ethnic tensions by acting as a watchdog.

“There is no doubt in my mind, as amnesty, that there is a reason for that institution,” said Irungu Houghton, the Executive Director of Amnesty International Kenya. “There are major concerns with the legal framework within which they operate, their level of pro-activeness and the bite that they have.”

Irungu argued that legislative changes are needed for the NCIC to be effective in performing its duties.

Saboti MP Caleb Amisi agreed that while changes are needed, the country needs to evaluate the NCIC’s performance and that of other constitutional bodies.

“Do they have any teeth? Do they bite? Or is just holding a press conference and after the press conference doesn’t solve anything,” asked Amisi.