MPs to consider Sh10 million fine, public office ban for posting hate speech

Individuals and companies found guilty of propagating hate speech could face a fine of at least Sh10 million or a jail term of up to 10 years if new proposals by the National Cohesion and Integration Commission (NCIC) are adopted.

The amendments to the National Cohesion and Integration Act, 2018, are part of the National Cohesion and Integration Bill, 2023, which is set for its second reading when Parliament resumes next month.

The proposed law also seeks to disqualify individuals convicted of hate speech from holding public office for at least five years.

According to the NCIC’s draft, anyone who publishes, posts, or disseminates hate speech on print, electronic, digital, or social media will face both a hefty fine and an extended jail term.

“Any print, electronic, digital, and social media or other media company that publishes or disseminates acts of hate speech commits an offence and shall be liable on conviction to a fine of not less than Sh10 million or imprisonment for a term of not less than 10 years, or to both,” reads the proposal.

Additionally, the NCIC wants anyone using abusive, threatening, or insulting language to face a Sh1 million fine.

Ethnic hatred is defined under the proposals as hatred against a group of people based on their colour, race, clan, sub-tribe, nationality, or ethnic origin.

The Bill, sponsored by Adan Haji Yusuf, Chairperson of the National Cohesion and Equal Opportunities Committee, also proposes the permanent disqualification of individuals convicted of hate speech from holding public office.

The draft states, “Any person convicted of an offence under this section shall be disqualified from holding any public office, whether nominated or elective, for a period of five years.”

Further, the NCIC seeks to expedite hate speech cases, requiring them to be concluded within six months.

NCIC summons

Lawmakers are also expected to deliberate on a provision that makes it a criminal offence to ignore NCIC summonses. Individuals who fail to comply with such summonses could face a Sh1 million fine, a jail term of up to 12 months, or both.

NCIC Commissioner Danvas Makori confirmed that most of the proposals had been adopted at the committee level and were awaiting parliamentary consideration.

“All these proposals have been adopted by the committee and have passed the first reading. We hope MPs will consider them when they resume,” Makori told Nation.

The proposed changes come amid growing concerns over inflammatory statements made by political leaders.

Recently, lawmakers such as Kapseret MP Oscar Sudi, Tiaty’s William Kamket, and Farah Maalim of Dadaab have faced criticism for remarks deemed divisive.

Sudi, in particular, has made controversial statements, claiming President William Ruto’s administration will secure a second term “through any means necessary.”

Maalim was also summoned by the NCIC last year for suggesting that if he were Kenya’s leader, he would have dealt with youthful demonstrators with extreme measures, and could “even have killed 5,000 of them each day.”

Despite the stiff penalties outlined in Article 96 of the Penal Code, challenges in prosecuting hate speech cases persist.

Prosecutors often struggle to admit technological evidence or secure witnesses, leading to the dismissal of several cases. Some accused individuals have even challenged the constitutionality of hate speech laws, arguing they conflict with constitutional freedoms.

The new proposals aim to address these gaps while bolstering the NCIC’s ability to promote national cohesion and curb divisive rhetoric.