National Cohesion and Integration Commission (NCIC) Commissioner Jerusah Mwaathime has provided a detailed explanation of what constitutes hate speech under Kenyan legislation, emphasizing the legal framework and enforcement process.

According to Mwaathime, hate speech in Kenya is governed by Section 13 of the NCIC Act, which criminalizes speech intended to insult, incite, or provoke ethnic or political hatred. The offence can result from individual remarks, published content, or even the direction of plays and programmes, depending on the communicator's intent.

Scope and Legal Process

  • Hate speech can be committed individually or through media publication.
  • The law targets any communication aimed at stirring ethnic or political animosity.
  • Cases require thorough investigation, with evidence beyond reasonable doubt for criminal prosecution.

Mwaathime highlighted that the commission does not act solely on viral videos or social media clips. Instead, it collaborates with the Communications Authority to verify authenticity, translate, and interpret such material before proceeding with legal action. This rigorous process ensures that cases meet the high evidentiary standards required in criminal law.

Equal Enforcement Amid Political Tensions

Addressing concerns about alleged bias, Mwaathime assured that the current NCIC leadership, in office for about two months, is committed to impartial enforcement of hate speech laws. She affirmed that all individuals, regardless of political affiliation, face the same legal scrutiny under the NCIC Act and related statutes on ethnic incitement.

These clarifications come as Kenyan government agencies prepare for the 2027 General Election. On August 3, 2026, the Directorate of Criminal Investigations (DCI), NCIC, Independent Electoral and Boundaries Commission (IEBC), and the Office of the Registrar of Political Parties launched a joint committee to combat hate speech, ethnic incitement, and election-related violence.

NCIC Chairperson Kepha Omae has reiterated that hate speech is not protected under free speech guarantees, while DCI Director Mohamed Amin cautioned politicians against making reckless statements as the country approaches the polls.