MPs to face the law over hate speech and incitement

The Director of Public Prosecutions (DPP) Keriako Tobiko has ordered police to probe two MPs over alleged hate speech. This follows complaints by the Law Society of Kenya (LSK). The society's Secretary Apollo Mboya wrote to the DPP asking him to instruct Inspector General (IG) David Kimaiyo to probe remarks made by Starehe MP Maina Kamanda and his Othaya counterpart Mary Wambui. The remarks are said to have been made in a public demonstration.

“The allegations by the two MPs in the mainstream media has the potential to incite the public to violence and in our estimation, constitute hate speech, which if not curbed, can plunge the country into chaos,” Mboya says in the letter.

“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,” he adds.

The LSK secretary also said that Section 62 of the Act further 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. He also urged the DPP to exercise his constitutional responsibility in investigating the utterances.

The letter is copied to Kimaiyo and Mr. Hassan Mohammed (National Cohesion and Integration Commission).

The remarks attributed to Starehe MP Maina Kamanda included: “I want to tell Raila that all members of the Kikuyu community will protect Uhuru’s Presidency by all means necessary, even if it means shedding blood. The fact that we are silent does not mean that we don’t know what is happening. I urge you all to be ready to respond when we sound the warning. We must defend the Uhuru Government.”

While Othaya MP Mary Wambui was quoted as saying: “You have been sleeping and the time has come for you to wake up. We cannot allow this man to destabilize this country the same way South Sudan is going."

Meawhile, 10 legislators and senators in the CORD coalition have also been summoned to record statements with the police due to public utterances that could amount to incitement. The leaders include: Gem MP, Jakoyo Midiwo; Siaya Senator, James Orengo; Machakos Senator; Johnstone Muthama; Kakamega Senator, Boni Khalwale among others.

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