BBS Mall Owners Escalate Fight: Petition NCIC to Censure Gachagua for Fraud Links and Divisive Rhetoric
Owners of Nairobi’s Business Bay Square (BBS Mall) have filed a formal complaint with the National Cohesion and Integration Commission (NCIC) against former Deputy President Rigathi Gachagua, accusing him of hate speech and unfounded fraud allegations that tarnish their legitimate business.
The petition, lodged via MMA Advocates LLP on January 5, 2026, demands investigation, censure, and potential prosecution over remarks made during a church service on January 4.
“We act for our clients, the proprietors of Business Bay Square, otherwise known as BBS Mall. Under their instructions, we write to formally lodge a complaint and to demand action by the Commission in respect of public remarks made by Hon. Rigathi Gachagua,” read the complaint letter in part.
This clash highlights escalating tensions between political figures and Eastleigh’s business community, raising broader concerns about ethnic profiling and economic sabotage.
Gachagua’s Church Remarks Spark Outrage
Speaking at AIPCA Kiratina Church, Gachagua alleged that funds stolen from a Minnesota daycare program for disabled children were laundered to Kenya, used to build malls in Eastleigh, buy land, and fund political activities.
He specifically pointed to “a mall in Eastleigh” built with these proceeds, claiming its owner is a business partner of President William Ruto and involved in duty-free imports harming local farmers.
“There is a mall in Eastleigh that was built using that money, and the owner is a business partner of the President.”
Gachagua urged US authorities under President Donald Trump to bypass Kenyan extradition processes and directly apprehend the suspect, framing it as a fight against corruption.
BBS Mall’s Strong Rebuttal and Legal Demands
BBS Mall proprietors emphasize their property as a lawfully established hub hosting regulated businesses, anchor tenants, and professionals, rejecting any criminal links.
“Our clients’ property, BBS Mall, is a substantial and lawfully established commercial enterprise hosting leading companies and businesses, including anchor tenants, financiers, professional service providers, suppliers, and other regulated commercial actors.”
The complaint argues Gachagua’s words violate constitutional protections on dignity, equality, and freedom from hate speech under Articles 27, 28, and 33(2), while breaching the National Cohesion and Integration Act against ethnic vilification.
They seek NCIC to probe for ethnic contempt, issue censure, refer for prosecution if warranted, and caution media against amplifying divisive content.
Mp Adan Keynan has publicly demanded Gachagua apologize for falsely claiming BBS Mall was built with fraudulent cash, amplifying calls for retraction.
This incident unfolds amid Gachagua’s ongoing political battles post-impeachment, where his rhetoric often targets perceived Ruto allies and Mt. Kenya rivals.
This positions it within patterns of post-election ethnic tensions, where business accusations fuel division.
Such statements risk stigmatizing Eastleigh’s Somali-dominated business hub, destabilizing commercial ties and eroding investor confidence in Kenya’s economy.
Broader context includes US probes into Minnesota fraud involving Kenyan links, but BBS owners stress no evidence ties their mall, urging evidence-based discourse.
NCIC’s response could set precedents on public figures’ speech, balancing free expression against cohesion in a polarized landscape.
As NCIC reviews the petition copies sent to the Director of Public Prosecutions stakeholders watch for outcomes that could lead to formal sanctions or court battles.
BBS founder Abdiwali Mohamed Hassan’s recent KSh 65 billion Tatu City deal, underscoring the mall’s legitimacy amid smears.
Ultimately, this saga tests Kenya’s institutions in curbing rhetoric that blends corruption fights with ethnic undertones, vital for national healing.