This archive report was first published on 13 July 2021.
Published on July 13, 2021, a former Commissioner at the National Cohesion and Integration Commission (NCIC) was questioned about his decision not to arrest former Prime Minister Raila Odinga for hate speech in 2016.
Professor Joseph Gitile Naituli appeared before a selection panel for the appointment of commissioners of the Independent Electoral and Boundaries Commission (IEBC) to explain his actions.
During a rally in Narok, Raila Odinga had cautioned the local Maasai community against disposing of their ancestral land, prompting an investigation by Gitile.
However, before arresting Odinga, Gitile sought advice from a government official who warned against the move, citing the potential for creating a bigger problem.
“Sometimes you need to be careful, you could create a bigger problem than what you are trying to solve. When we say independent, we don’t mean a case where you cannot seek counsel, but when you need to make a critical decision, you need to seek counsel,” Gitile told the panel.
Gitile clarified that he exercised caution to avert a potentially bigger problem and maintained that he had not breached the independence of the commission.
He assured the panel that if appointed as a Commissioner of the IEBC, he would be capable of making independent decisions without external influence or favor.
“I have a serious backbone,” Gitile said, acknowledging the requirement that commissioners should be independent when exercising their mandate.
