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.
Discrimination: 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: 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: Use of threatening, inciting, abusive or insulting words or behavior, or display of any written material with the intention of stirring up ethnic hatred.
- Complaints can be made by:
- Visiting the NCIC offices in Nairobi.
- Calling the official lines, 020 2585702
- Writing a letter through the postal address; P. O Box 7055-00100, Nairobi.
- Texting through a short code number, 15666
- Filling an online complaint form on our website;
- Through the NCIC’ s social media pages
A person can complain to the Commission by lodging a written complaint by hand, facsimile or other electronic transmission or post.
- Any person who claims that another person has contravened a provision of the Act in relation to that person may complain to the Commission as prescribed above.
- Two or more persons may complain jointly.
- A complaint may be made by or against an individual as well as a body of persons whether corporate or unincorporated.
- In order to complain to the Commission it is not necessary for the alleged contravention to relate exclusively to the complainant.
The Act provides that the Commission may conduct investigations on its own motion.
A fine not exceeding one million shillings or imprisonment for a term not exceeding 3 years or both.
Without prejudice the Commission shall:
- Promote the elimination of all forms of discrimination on the basis of ethnicity or race;
- Promote tolerance, understanding and acceptance of diversity in all aspects of national life and encourage full participation by all ethnic communities in the social, economic, cultural and political life of other communities;
- Plan, supervise, co-ordinate and promote educational and training programmes to create public awareness, support and advancement of peace and harmony among ethnic communities and racial groups;
- Promote arbitration, conciliation, mediation and similar forms of dispute resolution mechanisms in order to secure and enhance ethnic and racial harmony and peace;
- Investigate on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations;
- Determine strategic priorities in all the socio-economic, political and development policies of the Government impacting on ethnic relations and advise on their implementation;
- Recommend to the Government criteria for deciding whether any public office or officer has committed acts of discrimination on the ground of ethnicity or race;
- Monitor and review all legislation and all administrative acts relating to or having implications for ethnic or race relations and equal opportunities and, from time to time, prepare and submit to the Government proposals for revision of such legislation and administrative acts;
- Initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
- Monitor and make recommendations to the Government and other relevant public and private sector bodies on factors inhibiting the development of harmonious relations between ethnic groups and on barriers to the participation of all ethnic groups in the social, economic, commercial, financial, cultural and political life of the people;
- Undertake research and studies and make recommendations to the Government on any issue relating to ethnic affairs including whether ethnic relations are improving;
(q) Make recommendations on penalties to be imposed on any person for any breach of the provisions of the Constitution or of any law dealing with ethnicity;
(r) Monitor and report to the National Assembly the status and success of implementation of its recommendations;
- Issue notices directing persons or institutions involved in actions or conduct amounting to violations of human rights on the basis of ethnicity or race to stop such actions or conduct within a given period and; do all other acts and things as may be necessary to facilitate the efficient discharge of its functions.
This is the use of threatening, inciting, abusive or insulting words or behavior, or display of any written material with the intention of stirring up ethnic hatred. The Penalty is a fine not exceeding one million shillings or imprisonment for a term not exceeding 3 years or both.
Hate speech propagation is one of the main reasons why freedom of speech and expression should be regulated and in some instances restricted. Its intense ramifications not only affect the living generation but the scars left by its effect are felt by future generations.
Hatred against a group of persons defined by reference to color, race nationality or ethnic or national origins.
For words to amount to hate speech, they must adhere to the following two determinants.
First, they must 'maintain a sphere of operation that is not restricted to the moment of the utterance itself', i.e., that the said words must express or imply a built-in call to action.
Second, and arising from the first dynamic, hate speech is constructed in the context of inter-group relations. A statement which would otherwise be totally innocuous in a mono-ethnic situation may turn into hate speech when used in an inter-ethnic setting.