This archive report was first published on 8 July 2021.
Kenya has made significant strides in promoting national unity and combating hate speech since the 2007 General Election. However, the National Cohesion and Integration Act (NCIC), which criminalizes hate speech and establishes a commission to investigate problematic speech, has been criticized for its shortcomings.
Interior CS Fred Matiang'i has acknowledged the government's efforts to ensure peaceful elections, including the formation of a multi-agency team to monitor vernacular radio stations and identify 'hotspots' where hate speech and violence are prevalent.
Despite the law's intentions, many politicians have been accused of causing ethnic disharmony and hate speech, particularly during election periods. However, prosecutions and convictions have been rare due to the law's vague definition of hate speech.
Section 13 of the NCIC Act outlaws discrimination and hate speech on ethnic grounds, but critics argue that the law's broad definition of 'hate speech' makes it difficult to prefer charges against those accused. The words 'threatening', 'abusive', and 'insulting' are considered overly vague and subjective, leading to confusion among law enforcement officers.
The lack of understanding of hate speech among law enforcement officers has resulted in the arrest and prosecution of individuals for partisan political purposes. Furthermore, the process of determining and classifying 'hotspot zones' raises concerns about the impact on residents' ability to freely participate in the political process.
To give the NCIC Act teeth, it needs to be amended to promote freedom of expression and democratic political contestation. A clear definition of hate speech, consideration of the social and political context, and the intent to incite violence are essential components of an effective hate speech law.
