A fresh legal warning has been issued to former Deputy President Rigathi Gachagua, with city lawyer Wahome Thuku cautioning that recent public statements could expose him to potential international criminal liability ahead of the 2027 General Election.
In a statement, Thuku said Gachagua’s remarks suggesting mobilisation of civilians to counter alleged “goonism” could be interpreted as incitement or organisation of violence under international law.
He argued that such pronouncements, even if framed as defensive, risk placing the former deputy president within the scope of investigations by the International Criminal Court.
“Those are the kind of statements that become very prime evidence during ICC proceedings,” Thuku said, warning that public declarations tied to mobilisation of groups could be construed as direct involvement in orchestrating violence.
The lawyer further noted that international criminal law does not differentiate between offensive and retaliatory civilian action in the context of organised unrest.
According to him, any suggestion of coordinated civilian response — regardless of justification — may be treated as part of a broader criminal enterprise.
Thuku referenced Kenya’s post-election violence in 2007–2008, which led to high-profile cases at the ICC involving senior political figures, including former President Uhuru Kenyatta.
He urged Gachagua to seek counsel from leaders who have previously faced scrutiny at The Hague, warning that political rhetoric can later form the backbone of prosecution cases.
“We don’t know what will happen in August 2027, but statements made now may become crucial evidence,” he said, pointing to how past remarks were used to establish patterns of intent in earlier ICC proceedings.
The warning comes amid heightened political activity in the Mt Kenya region and growing tensions linked to succession politics and grassroots mobilisation.
While Gachagua has positioned himself as a key voice in the region, his critics have accused him of adopting confrontational language that could inflame tensions.