NCIC Response on Hate Speech Charges
National Cohesion and Integration Commission Response on Hate Speech
Charges against Hon. Peter Mwathi, Hon. Gideon Mbuvi Sonko and
Minister Bon. Jamleck Irungu Kamau
1. The National Cohesion and Integration (NCI) Act, 2008 has given the
National Cohesion and Integration Commission broad objects and
functions '. One such area is to investigate complaints of ethnic or racial
discrimination or any issue affecting ethnic and racial relations and make
recommendations to relevant authorities on remedial measures, among
2. Section 13 and 62 of the NCI Act has criminalised the offences of hate
speech, racial and ethnic contempt
3. Therefore under section 59(1) of the NCIAct the Commission monitored a
rally which took place on 2nd February 2012 at Kinoru Stadium in Meru
4. During the rally, which was attended by many public opiruon leaders,
Members of Parliament and religious leaders including the three MPs
namely; Hon. Jamleck Kamau, Hon. Gideon Mbuvi (Sonko) and Peter
Mwathi. While addressing the crowd the three Members of Parliament afore
mentioned made utterances which contravened Sections 13 and 62 the NCI
5. The Commission investigated the utterances which were made during the
rally at Kinoru Stadium. The Commission thereafter served the three Hon.
Members with summons to appear before the Commission's investigation
officers on various dates.
6. On the 11th day of April 2012, at 3.00 pm in Delta House, Hon. Peter
Mwathi appeared and recorded a statement under enquiry on allegations of
racial contempt contrary to Sec. 62 (1) of the NCIAct.
7. On the 16th day of April 2012, Hon. Jamleck Irungu Kamau recorded his
statement under enquiry into allegations of ethnic contempt contrary to
Sec. 62 (1) of the NCIAct.
1Section 25 NCI Act no 12 of 2008
8. On the 17thday of April 2012, Hon. Gideon Kioko Mbuvi alias Mike Sonko,
recorded his statement under enquiry into allegations of hate speech
contrary to Section 13 (1) (e)of the NCI act
9. The Commission was impressed with the prompt response by the Hon.
Members to the summons served upon them and their cooperation during
10.Upon the conclusion of the said investigations, the duplicate file was
forwarded to the Director of Public Prosecutions for advise and further
action and/ or directives.
11.Under the provisions of the NCI Act the Commission has the mandate to
investigate the offences of Hate Speech, Racial and Ethnic contempt and
make appropriate recommendations to the relevant government
departments including the officeof the DPP.
(i) Upon the perusal of the investigation file as forwarded to the
Director of Public Prosecution (DPP), his advice thereto is
supposed to be communicated officially to the Commission in
(ii) Once the Commission receives such a communication from the
office of DPP it will carry out the directions of the DPP as
12.Regarding this particular case, the advice sought from the DPP has not
been communicated, other than the statements appearing in a section of
13.The NCICrecognizes that it is the preserve of the DPP to advise, prosecute
and enforce the provisions as outlined in the NCIAct.
14. During the investigation, the Commission also took the opportunity to
inform the Hon. Members on the provisions under Section 49 (1) of the NCI
Act that states ' If the Commission considers it reasonably possible that a
complaint may be conciliated successfully, the Commission shall refer the
complaint to the Commission Secretary'.
Mzalendo N. Kibunjia, PhD, EBS