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.
A person can complain to the Commission by lodging a written complaint by hand, facsimile or other electronic transmission or post.
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:
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.
Overall Objectives
To encourage National Cohesion and Integration by outlawing,
Other Objectives of the Commission
Vision
A just and equitable society living in peace, unity and dignity
Mission
To promote national unity, equity and the elimination of all forms of ethnic discrimination by facilitating equality of opportunities, peaceful resolution of conflicts and respect for diversity among Kenyan communities.
The NCIC is a statutory body established under the National Cohesion and Integration Act (Act No.12 of 2008). The Commission was borne out of the realization that long lasting peace, sustainable development and harmonious coexistence among Kenyans requires deliberate normative, institutional and attitudinal processes of constructing nationhood, national cohesion and integration.
The Commission draws its existence from the National Dialogue and Reconciliation Agreement signed in Nairobi on 1 February, 2008 by the Government; Party of National Unity (PNU) and Orange Democratic Movement (ODM) delegations, and witnessed by H.E. Kofi A. Annan for the Panel of Eminent African Personalities.
This Agreement formed the basis of the National Accord that H.E. President Mwai Kibaki and the Rt. Hon. Prime Minister Raila Amolo Odinga signed on 28 February, 2008 when the dialogue was officially launched.
The dialogue sought to provide a peaceful solution to the political impasse and violence that had engulfed the country, following the December 2007 Local, Parliamentary and Presidential Elections and had four (4) main agendas:
Agenda No. 4 under which the Commission was formed, recognized that long term issues with regard to poverty, inequitable distribution of resources and perceptions of historical injustices and exclusion of segments of the Kenyan society were among the underlying causes of the prevailing social tensions, instability and the cycle of violence recurrent in electoral processes in Kenya.
Discussions under this Agenda item therefore examined and proposed solutions to longstanding issues such as :