Haji’s powers put on spot over probe against hate speech allegations
The Director of Public Prosecutions (DPP) Noordin Haji has been sued by an activist over having no legal power to direct Inspector General (IG) of police to probe hate speech allegations.
In a petition filed by Fredrick Bikeri says only National Cohesion and Interrogation Commission (NCIC) can investigate hate crimes.
“By law under section 43 of the NCIC act, it is mandate of the cohesion to commence investigations on offences prescribed under the Act either on their own motion or through a complainant made to them by any person or institution. Thus, it is wholly illegal and improper for the DPP to compel the IG of police to encroach on the legal functions,” he said.
The petition was as a result of a directive issued on Monday by the DPP seeking the IG, Hillary Mutyambai, to investigate Kitutu Chache South Member of Parliament Richard Onyonka who was arrested by DCI detectives in Kisii shortly after presenting himself to the authorities.
“Reference is made to a video clip circulating on social media platforms in which Hon Richard Onyoka, MP for Kitutu Chache constituency is addressing a gathering in Kisii County. The alleged remarks captured in the video clip may be contrary to Articles 33(2) of the Constitution of Kenya 2010, which provides inter alia ” The right to freedom of expression does not extend to – (a) propaganda for war; (b) incitement to violence; (c) hate speech; or advocacy of hatred” and section 62 of the National Cohesion and Integration Act, No.12 of 2008,” stated the DPP.
The petition might also benefit Meru Senator Mithika Linturi who was arrested for using coded language ‘madoadoa’ during a political rally on Saturday.
Linturi was later freed on Sh2 million cash bail or an alternative bond of Sh5 million with a surety of the similar amount.
Kericho Senator Aaron Cheruiyot was also arrested over remarks he made while addressing a rally at Eldoret Sports Club in Uasin Gishu county, his alleged remarks which were captured on video made reference to the racial identity of an elected leader.
The DPP in a separate letter to the IG also ordered investigations into remarks by Abubakar Amana in December 2021, last year at a press conference.
“The alleged remarks captured in the video clip refer to certain parts of Kenya belonging to certain tribes, and tribal background being a pre-condition for seeking an elective position in these areas,” Haji said.
Being a political year Deputy President William Ruto urged his United Democratic Alliance (UDA) members to be mindful of their language while addressing the public.
“We want to say, going forward and to members of my team, the hustler nation, that all of us must mind our language, all of us must be careful about what they say so that we can unite this nation and that is what the Hustler Nation believes in,” he said.
