Enforcement, Complaints & Legal

Enforcement, Complaints & Legal

The Commission is mandated to investigate on its own accord or on request from any institution, office or person any issue affecting ethnic and racial relations. It is also mandated to investigate complaints of discrimination and make recommendations to the Attorney General, the Kenya National Commission on Human Rights or other authority on remedial measures to be taken where complaints are valid.

To fulfill this mandate, the NCIC has developed an elaborate complaint handling procedure to redress inequality, exclusion and intolerance. The complaints are handled by the Complaints, Legal and Enforcement Department.

What is a Complaint?

It is a written expression of displeasure and dissatisfaction over discriminatory treatment that sets out reasons and circumstances that the complainant believes offer sufficient ground to support their claim against another person, persons or entity. The basis of the action in question must be ethnic, racial or religious.

The National Cohesion and Integration law allows any person to complain to the Commission, whether or not the complaint affects them directly or not. Two or more people can complain jointly. A complaint may be made against an individual or a group of people. It does not matter whether the group is registered or not.

The law requires that the complaint should set out the contravention in written form. It can then be hand delivered, or sent through facsimile or other electronic transmission or post to the Commission.

The NCIC will inquire into allegations and complaints on the basis of discrimination, harassment and hate speech for the purposes of the National Cohesion and Integration Act 2008.

Discrimination - is unfair treatment towards or against a person of a certain group on the basis of ethnicity /race, religion; it involves excluding or restricting members of a one group from opportunities that are available to other groups like employment, property ownership, and access to public resources.

Harassment - is violation of a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment on the basis of ethnicity, race and color.

Hate Speech - is using threatening, inciting, abusive or insulting words or behavior, or display of any written material with the intention of stirring up ethnic hatred.

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