The National Cohesion and Integration Commission (NCIC) in Kenya has dismissed reports suggesting it cleared Homa Bay Town MP Peter Kaluma and Busia Governor Paul Otuoma over remarks that triggered investigations. NCIC chairperson Dr. Kepha Omae stated that the commission's determinations contained adverse findings against both leaders. He emphasized that reports portraying them as having been "cleared" misrepresented the decisions. According to Omae, the commission investigated the statements, considered the respective defenses, and arrived at its determinations.
The NCIC found Kaluma's speech to be "intemperate, ambiguous, and dangerous" as it created an appreciable risk of political intimidation. Similarly, Otuoma's remarks were deemed threatening and exclusionary, likely to stir hostility against residents and traders perceived as outsiders due to their ethnic or national origin. Omae described these as serious adverse findings. The commission consequently issued immediate cessation notices and directed both respondents to undertake corrective measures, including public clarification and peace engagements.
The corrective measures were to be undertaken at the respondents' own reasonable cost, as provided for in their respective determinations. Omae stressed that the commission neither endorsed nor excused their language. The determinations were reached after assessing available evidence under the National Cohesion and Integration Act, the Constitution, and relevant legal authorities. He urged media organizations to distinguish between recorded statutory outcomes and the commission's adverse findings and corrective directions.
Omae emphasized that reporting only that the respondents were "cleared" gives the public a materially incomplete and misleading account. The NCIC chairperson stated that the commission is bound by the law governing its work, including Section 61(2) of the National Cohesion and Integration Act. This section requires the commission to make reasonable efforts to conciliate matters where it is satisfied that a person has contravened Part III of the Act.
The commission's determinations provide that if it formally records that conciliation has failed to achieve a satisfactory resolution, appropriate compliance notices will be issued under Sections 56 and 57. Enforcement of these notices is governed by Section 58. Omae stressed that the immediate cessation notices issued against Kaluma and Otuoma remain in effect throughout the process. He welcomed scrutiny of the commission's decisions but emphasized the need for accurate and fair reporting.
The NCIC has called on media houses that published or broadcast misleading characterizations to issue corrections promptly and give them prominence comparable to the original reports. Omae stated that future coverage should present the findings, statutory outcomes, and corrective directions contained in each determination together. This, he believes, will ensure that the public is accurately informed about the commission's decisions and actions.
The commission's clarification aims to set the record straight and ensure that its decisions are accurately reported. By doing so, the NCIC hopes to maintain public trust and demonstrate its commitment to promoting national cohesion and integration in Kenya. The commission's efforts to address hate speech and promote peaceful coexistence are crucial in maintaining social harmony in the country.
Key points
- The NCIC found Kaluma's and Otuoma's remarks to be adverse and issued corrective measures.
- The commission's determinations were based on evidence and relevant laws.
- Media organizations are urged to report accurately and fairly on the commission's decisions.
