LSK urges prosecution over social media hate speech

21 May 2014

The Law Society of Kenya has called upon the Director of Public Prosecutions (DPP), Keriako Tobiko to pursue and prosecute perpetrators of hate speech on social media.

In a letter to the DPP dated May 21 2014, LSK Chief Executive Officer Apollo Mboya included posts which he said incited the public to violence against a specific community hence constituted hate speeches, which if not curbed could plunge the country into chaos. These posts he said, were obtained from Facebook and Twitter.

LSK said that section 13 of the National Cohesion and Integration Act makes it illegal to use threatening, abusive or insulting words, acts or materials liable to stir up ethnic hatred while Section 62 of the Act outlaws speech intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race.

In the letter, LSK attached a download of a Facebook post by a user together with comments brought to its attention by concerned members of the public.

Mr Mboya urged the DPP to exercise his constitutional responsibility to direct the Inspector General of Police David Kimaiyo to carry out investigations on the social media posts.

“The Inspector General of the National Police Service should investigate the information and allegation of criminal conduct and ensure those responsible are brought to account for their utterances,” Mr Mboya said.

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