New Bill hands NCIC swift powers to curb hate speech, divisive conduct

The National Cohesion and Integration Commission (NCIC) is on the verge of a major overhaul as Kenya heads into the 2027 general elections.

A new Bill aims to equip the Commission with powers to take immediate action against individuals and groups undermining national unity, ending years of criticism over its inability to respond quickly to hate speech and inflammatory statements.

The National Cohesion and Integration (Amendment) Bill, 2025, sponsored by Mandera West MP Yussuf Haji, the Chairperson of the National Cohesion and Equal Opportunity Committee, introduces mechanisms that empower NCIC to issue direct orders to halt harmful conduct.

Individuals or entities found acting against national cohesion could be required to stop within seven days, a shift from the commission’s current reliance on slow court processes.

The proposed law also addresses conflicts of interest among NCIC staff and commissioners. Anyone transacting business directly or indirectly with the commission could face fines of up to Sh3 million or imprisonment for seven years.

Those with a personal interest in matters under discussion must declare it and refrain from involvement.

“If the person having an interest is the chairperson, he or she shall, in addition to declaring interest, recuse themselves from such a meeting,” the Bill states.

Clause 68A of the Bill gives NCIC authority to issue prohibition notices, moving the commission beyond its existing mandate of merely documenting hate speech. The change is aimed at enabling quicker interventions, particularly during politically tense periods.

The Senate Cohesion Committee recently highlighted the commission’s struggles to hold influential leaders accountable.

Legislators cited examples such as remarks by Nyeri Governor Mutahi Kahiga and ongoing investigations into former Deputy President Rigathi Gachagua, four governors, and 10 MPs, noting that slow responses risked escalating tensions.

“The Bill provides for comprehensive procedures in relation to the conduct of investigations by the commission,” Yusuf said.

Public inquiry hearings are now required unless the commission provides a justified reason for confidentiality.

In addition, NCIC will submit detailed quarterly reports to the National Assembly, ensuring greater transparency and accountability in its operations.

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