The legal team representing former Deputy President Rigathi Gachagua has firmly rejected allegations that he encouraged negative ethnic sentiments, explaining to the court that his mentions of “Mt. Kenya” were based on geography rather than ethnicity.
While appearing before the High Court at Milimani Law Courts, defense attorney Tom Macharia contended that the statements made by his client had been intentionally misrepresented as promoting ethnic division.
“The initial accusation is that the first petitioner is inciting hatred simply because he referred to Mt. Kenya,” Macharia stated to the judges. “From what I remember in geography class, Mt. Kenya is a mountain located in the center of Kenya—not a tribe. It’s where our republic got its name.”
He maintained that whenever Gachagua referred to Mt. Kenya, he meant the mountain and its geographic relevance, not any specific ethnic group.
“He didn’t mention a tribe; he mentioned Mt. Kenya—and Mt. Kenya is just a mountain,” Macharia stressed.
The lawyer also pointed out that the counties surrounding the mountain are inhabited by a wide range of communities from all over the country, countering claims that the term implies a single ethnic group.
“If you consider the counties close to Mt. Kenya, you’ll find people from every region in Kenya. There’s no one tribe there,” he explained.
Macharia further supported his case by citing constitutional principles, stating that discussions about ethnicity are acceptable and recognized by Kenya’s legal system.
“Even if he was discussing ethnicity, the Constitution addresses it in detail,” he argued. “Articles 21, 27, 63, 90, 91, 100, 130, 232, 241, 246, and 250, among others, emphasize that ethnicity is a principle that deserves protection, accountability, and advocacy.”
“In fact, I’ve noticed that ‘ethnicity’ is mentioned more frequently than ‘economy’ in the Constitution,” he remarked. “So how can he be accused of something the Constitution itself addresses so thoroughly?”
A panel of three judges—Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi—are hearing the case.
Gachagua is contesting his impeachment from office in October 2024, making him the first Deputy President in Kenya’s history to be removed through this process.
He claims that his removal was politically motivated, alleging that lawmakers in both the National Assembly and Senate were bribed to support his ousting.
The impeachment proceedings were based on allegations that he encouraged “ethnic balkanization” and supported a contentious “shareholder” governance model. Critics argued that his position—that regions backing the ruling coalition should receive preferential treatment in development and government appointments—could exacerbate ethnic tensions.