19 January 2020

Nairobi, Kenya

We, the undersigned civil society organizations, would like to express our deep concern at the recurrence of incidents of Hate Speech by a section of political leaders in political gatherings in the buildup to the 2022 general elections. We are alarmed at the continued and reckless utterances of a section of political class that may kindle political and social tensions, potentially sparking anarchy and social instability. 

In the run-up to previous general elections, Kenyans witnessed numerous incidents of Hate Speech that have fueled violence and unhealthy competition during elections. The existence of robust legal and policy provisions that criminalize Hate Speech and the establishment of the National Cohesion and Integration Commission (NCIC) has not deterred the political class from uttering statements that could incite the citizenry. 

With less than seven months to Kenya’s General Elections, the political class continues to utter reckless statements that result in violent incidences. In two days, The Office of the Director of Public Prosecution (ODPP) directed the Inspector General of Police (IGP) to launch a probe on Kitutu Chache South MP Richard Onyonka and Kericho Senator Aaron Cheruiyot over incitement claims. These actions come days after the arrest and arraignment of Meru Senator Mithika Linturi on charges of hate speech and incitement. The utterances made in political rallies can incite contempt, hatred, hostility, violence, and discrimination. 

Kenya’s 2007, 2013, and 2017 elections were marred by post-election violence, evidencing the dangerous impact of politically instigated utterances. It is incumbent that the relevant Government agencies crack the whip on politicians that would undoubtedly amount to Hate Speech. 

In this regard, we further condemn the continuous incitements and barrage of hate speech in social gatherings, social media, and political rallies by politicians in the strongest terms possible. We remind the political class inciting Kenyans of their solemn vow to uphold and defend the Constitution’s duty to protect the Nation’s interests and its citizens. Page 2 of 2 

We, therefore, call on the following from relevant actors to do the following: 

1. The Ministry of Interior and Coordination of National Government to maintain law, order, and security and preserve the authority of the state; 

2. The NCIC to take stern action against perpetrators of Hate Speech discrimination as well as advocate for cohesiveness while promoting unity and equity in line with its mandate; 

3. The Office of the Inspector General of Police (IGP) to promote integrity, efficiency, and accountability within the department of justice; 

4. The Office of the Director of Public Prosecution to move with speed to prosecute all incitement and hate speech cases from NCIC; 

5. The Churches, Mosques, and other religious institutions to work together to call out instances of hate speech within places of worship and further take the bold step of denying audience to persons who would use the opportunity to spread hate and division; 

6. The Media to take a stand against covering and reporting matters that would cause incitement; 

7. The IEBC to take note and not clear those found guilty of incitement from vying for political office; 

8. The NCIC to monitor the political rallies and utterances made and document and report these matters; 

9. The Judiciary to prioritise the cases once presented in court; and 

10. Kenyans to report all cases of hate speech to the relevant authorities. 

In conclusion, we wish to remind all Kenyans that we must maintain peace and condemn any person desiring to divide Kenyans as we march towards the upcoming elections. We call upon the political class to engage respectfully and soberly, appreciating that sensational statements may have dire consequences. We will not relent in protecting our interests as a nation and use elections as a mechanism to express democracy and call for a peaceful election. 

Thank you. 

Signed by the following Civil Society Organizations: 

1. The Kenyan Section of the International Commission of Jurists (ICJ Kenya) 

2. Kenya Human Rights Commission 

3. The National Coalition of Human Rights Defenders (Defenders Coalition) 

4. Social Justice Centers Working Group 

5. Constitution and Reform Education Consortium (CRECO) 

6. Protection International – Africa 

7. Women Human Rights Defenders Hub 

8. Article 19