Go and sin no more: NCIC clears Otuoma, Kaluma of hate speech saga

By  Kevin Cheruiyot

Correspondent

The National Cohesion and Integration Commission (NCIC) has ruled that Busia Governor Paul Otuoma and Homa Bay Town MP Peter Kaluma did not commit hate speech offences warranting prosecution over remarks that sparked concerns about possible incitement and ethnic tensions.

However, the commission directed the two leaders to take corrective measures, warning politicians against inflammatory statements as the country heads towards the 2027 General Election.

In a determination delivered in Nairobi on Thursday, the commission chaired by Bishop Kepha Nyamweya Omae outlined how it handled complaints against the two leaders after receiving reports that their remarks risked fuelling conflict.

The commission spent more than two hours reading its findings which addressed the context of the remarks, their potential impact and whether they met the threshold for hate speech under the law.

On Mr Otuoma, the commission examined remarks he made on June 27 during a public gathering in the Bulanda area of Busia County.

The governor had been accused of making statements that could be interpreted as targeting particular communities and traders.

In his defence, Mr Otuoma argued that the matter should not be treated as a public security intervention into an ethnic controversy.

It said the remarks could portray Busia as belonging to one ethnic or communal group to the exclusion of other residents, while suggesting that the right to reside, trade or work in the county could be granted or withdrawn by an ethnic host community.

The commission further found that the language was capable of stirring hostility against residents and traders perceived as outsiders because of their ethnic or national origin.

“Having regard to all the circumstances, the words were nevertheless likely to stir hostility against residents and traders perceived as outsiders by ethnic or national origin; and the contravention calls for proportionate corrective, preventive and restorative measures,” the determination stated.

Despite these concerns, the commission concluded that the evidence and submissions before it did not warrant further action on a hate speech offence.

It directed Mr Otuoma to unequivocally withdraw the remarks attributed to him and publicly clarify that his reference was to alleged criminal conduct, rather than the local  communities , traders from elsewhere in Kenya or Uganda, or any other ethnic or national community.

The governor was also directed to refrain from using similar language and to sign an attached Acceptance of Conciliation Form and submit it to the commission's secretary within seven days of the determination.

In Mr Kaluma's case, the commission examined remarks he made before the Linda Mwananchi rally which raised concerns about possible intimidation and incitement.

The MP defended his statements before the commission saying he was warning residents about what he considered an imminent criminal threat and seeking to protect them. He said the remarks were made during an engagement on economic issues with boda boda riders.

In its findings, the commission described the language used by Mr Kaluma as ambiguous and intemperate and said it could reasonably be understood as encouraging intimidation.

However, it found that the evidence did not establish that the MP intended, caused, organised or directed the violence witnessed during the Linda Mwananchi rally on August 16, in which two people died and several others sustained serious injuries.

“It has not been proved that the target group was defined by colour, race, nationality, citizenship, ethnic or national origins, or the words were intended or likely to stir ethnic hatred,” the commission said.

The commission said that its determination did not prevent other investigative agencies from carrying out their mandates in relation to any other offences that may have been committed.

Asked when Kenyans should expect tougher action against politicians accused of hate speech, Bishop Nyamweya said the commission was working with the police, the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) to enforce standards of conduct among political leaders.

“NCIC is working to make sure that there is fairness. Any allegations captured are given attention, and the commission is doing its part,” Bishop Nyamweya said.

He added that the process would be concluded when the leaders signed declarations committing themselves not to repeat the offending remarks.

The commission urged political leaders to exercise restraint in their public statements to avoid deepening divisions as the country approaches the 2027 General Election.

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