The National Cohesion and Integration Commission (NCIC) has announced independent investigations into alleged hate speech and ethnic incitement concerns.
In a joint statement issued on July 28, alongside the Interreligious Council of Kenya, NCIC Chairperson Reverend Dr Kepha Nyamweya Omae stated that the commission has opened investigations into former Deputy President Rigathi Gachagua and other leaders.
“The Commission, through its Investigations and Compliance Department, is conducting independent investigations into utterances attributed by the following persons. His Excellency Rigathi Gachagua, former Deputy President of the Republic of Kenya; Cabinet Secretary Honorable Aden Duale; Cabinet Secretary Honorable Geoffrey Ruku; His Excellency Paul Nyongesa Otuoma, Governor, Busia County; His Excellency Dr. Ali Mahali Mohamud, Deputy Governor, Mandera County; Honorable John K. Waluke, MP, Sirisia; Honorable Wanjiku Muhia; Honorable David Gikaria, Tipape Naini Musa; Dr. Dennis Adison Ouma,” Kepha Omae named the individuals under investigation.
The commission chairperson further emphasized that its Investigations and Compliance Department is conducting the investigation as part of an independent process conducted in accordance with the law.
Further, the chairperson clarified that during the investigation, the named individuals will retain their constitutional rights, and that this does not amount to a determination of guilt.
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NCIC Collaboration
NCIC further announced that it would collaborate with the Directorate of Criminal Investigations (DCI), Ethics and Anti-Corruption Commission (EACC), Office of the Director of Public Prosecutions (ODPP), and the National Police Service to support accountability where violations are established.
The Constitution, the National Cohesion and Integration Act, and other relevant laws would guide its investigations, according to the commission.
Further, the commission stated that no individual, regardless of office or standing, is beyond the reach of the law where credible allegations of hate speech or ethnic incitement arise.
Collaborating with the IRCK, the commission will strengthen the monitoring and early warning system for hate speech and incitement and work with the National Police Service to resolve the issue.
Additionally, the commission is working to revitalize multi-stakeholder platforms, including the UWIANO, to expand accountability.
Peace clubs will also be established in all learning institutions sponsored by religious institutions to strengthen the effectiveness of the law.
Investigation Procedure
Chairperson Kepha Omae explained that the investigation into an individual starts with a member of the public lodging a complaint against an individual.
Upon receiving the complaint, the commission gathers information based on the complaint, and proper documentation is done on the findings.
The documented evidence is then presented in court to support a case against the individual alleged to have engaged in incitement.
Alternatively, Kepha argued that an internal investigation can be undertaken on an individual without a complaint from a member of the public.
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Public Advisory
Members of the public, politicians and stakeholders have been called upon to maintain fair and ethical politics without ethnic profiling.
Political leaders have been advised to compete for votes and refrain from the mobilization and use of goons during political engagements.
Citizens have also been urged to report any form of hate speech they encounter instead of resharing and amplifying it through online platforms.
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