The National Cohesion and Integration Commission (NCIC) of Kenya has decided not to prosecute Busia Governor Paul Otuoma and Homa Bay Town MP Peter Kaluma for alleged hate speech. Instead, the commission has ordered them to take corrective actions. This decision was announced in Nairobi after the NCIC examined the context, impact, and legal threshold of the statements made by the two leaders. The commission found that while the remarks raised concerns, they did not justify a hate-speech offence.
Governor Otuoma's comments, made at a public gathering in Bulanda, Busia County on June 27, were deemed capable of creating the impression that the county belonged to a single ethnic community and could foster hostility toward outsiders. The NCIC directed Otuoma to withdraw the remarks and clarify that they targeted alleged criminal conduct rather than any community. He was also required to avoid similar language in the future and sign an Acceptance of Conciliation Form within seven days.
MP Kaluma's statements, made ahead of the Linda Mwananchi rally while addressing boda-boda riders on economic issues, were described as "ambiguous and intemperate" and potentially encouraging intimidation. However, the commission found no evidence that Kaluma intended, organised, or directed the violence that occurred at the August 16 rally. The NCIC also found that his remarks did not target people based on race, nationality, or ethnic origin.
The NCIC's decision does not preclude other investigative agencies from pursuing separate offences that may have arisen from the incidents. Both leaders are required to sign commitments not to repeat the contentious remarks. The commission warned politicians to exercise restraint as the country approaches the 2027 general election. This decision was made to promote responsible conduct among political leaders.
NCIC chairman Bishop Kepha Nyamweya Omae emphasized that the commission continues to cooperate with police, the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions, and the Ethics and Anti-Corruption Commission. The commission is committed to ensuring that political leaders conduct themselves in a responsible manner.
The decision to clear Governor Otuoma and MP Kaluma of hate-speech charges was made after a thorough examination of the evidence. The NCIC considered the context and impact of the statements, as well as the legal threshold for hate speech. The commission's decision is aimed at promoting national cohesion and integration.
In conclusion, the NCIC's decision to clear Governor Otuoma and MP Kaluma of hate-speech charges has been made with the aim of promoting responsible conduct among political leaders. The commission's decision serves as a reminder to politicians to exercise restraint in their public utterances, especially as the country approaches the 2027 general election.
Key points
- The NCIC has ordered Governor Otuoma and MP Kaluma to take corrective actions for their alleged hate speech.
- The commission found that the evidence did not justify a hate-speech offence against the two leaders.
- The decision does not preclude other investigative agencies from pursuing separate offences that may have arisen from the incidents.
