Popular Kenyan Musician to be Charged in Court Over Uhuru Song

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Popular Kikuyu musician Kamande wa Kioi will be charged in Court next Tuesday after National Cohesion and Integration Commission (NCIC) completed investigations into alleged hate speech in one of his songs.

Kioi was presented at the NCIC offices by an officer from the Criminal Investigations Department (CID) where he recorded a statement and was also made aware of the charges he will be facing.

A commission officer who spoke to Capital FM News on condition of anonymity said that the NCIC had used a translator to know the content of Kioi’s song, ‘Uhuru ni Witu’ (Uhuru is ours).

“We have had him for close to three hours, in line with natural justice we summoned him to appear, he did and he has been informed of the charges against him,” said the officer who refused to disclose the charges to be preferred against the musician.

After he was made aware of the charges he was arrested and taken to the Kilimani police station. He was later released on a cash bail of Sh10,000.

The source said: “Kioi has pleaded with the commission not to recommend his arrest and had wanted to be taken back to Kilimani and be released on bond.”

Kioi who was also accompanied by a man said to be his manager refused to speak to the media who had camped outside the NCIC office in Upper Hill.

Two other musicians John DeMathew and Muigai wa Njoroge also under investigation failed to honour summons to appear and police are said to be looking for them.

The NCIC flagged the songs, ‘Mwaka wa Hiti’ (year of the hyena) by DeMathew, Muigai wa Njoroge’s ‘Hague bound’ and ‘Uhuru ni Witu’ by Kamande wa Kioi after public complaints.

According to the National Cohesion and Integration Act, if the musicians are found guilty of hate speech, they will be liable to imprisonment for a term not exceeding three years or a fine of Sh1 million or both.

“A person who distributes, shows or plays a recording of visual image or provides, produces or directs a programme which involves use of threatening, abusive or insulting words or behaviour commits an offence if such person intends thereby to stir up ethnic hatred or having regard to all the circumstances, ethnic hatred is likely to be stirred up,” the Act states in part.

A radio station that plays the music would be liable to a fine not exceeding Sh1 million according to the Act.

Source: Capital FM

james karanja's picture
james karanja

This is just an insight. Where have these people been all this time?

james karanja's picture
Peter Kahura

Democracy in Kenya has no direction if they can interfere with Musicians in their business. If Kenyans are not careful, their freedom of speech will be taken away by greedy politicians under the cover of NCIC. Kenyans of peace loving and friends of Kenya should protect this freedom of speech.

Peter Kahura.

james karanja's picture
GK Mukui

Let us support freedom of speech by supporting our musicians. Our leaders have to understand not everything they say or stand for we agree with same to all Kenyans. Not everything we say do or stand for they will agree with we’ve learned to live with what we can’t change and change that which we can. They too have to learn the same. Leave our musicians alone if they rub you the long way, it comes with the job. That’s what freedom is all about. Corruption affects our country more than all other problems combined.

There is nothing wrong with any Kenyan expressing their political view or supporting one candidate over the other and what’s wrong with pointing out things they considered while making their choice, there is no crime if one choose to use traditions or roots while doing so its ok our traditional difference is what make us all unique people.

For the so called expert trying to understand traditional quotes, what they mean in English and use that as base of charges that’s wrong. In some communities if someone says am getting a knife ready for my opponents its does not mean knife. It is tactics so its good to understand our rich traditions before our polite youngsters bow their head to respect you instead of gently touching their heads for the respect you wind up bowing yours for prayers that would be very confusing and very funny too simply because you did not understand the traditions.

Let us all roll and support our Kenyan musician fund for legal team via M-Pesa or mobile transfer via Western Union. Let's send a message. We will not let our sisters and brothers be pushed.

Call Wa kioi at 722870700.

james karanja's picture
Regina Njogu

I agree with the above preceding two posts. This is an affront on freedom of expression. Soon they will start to censor our posts on blogs!!!. Seriously, if they should target musicians, they should research and find all songs by all musicians with a political messages, get them translated including the proverbs in the songs and find any disagreeable content however subtle. They should not just target some of the musicians!

I think everyone has a right to support whatever candidate they want and even fanatically. This is not a good precedent for Kenya. It looks like we are going back to the Moi era when musicians were targeted!. How about target the politicians themselves? Have we not heard them talking about voting blocks everyday?. What are voting blocks in Kenya?. Lets be honest, they are tirbal blocks!. I bet NCIC is afraid of taking on the big fish and they are now targeting the helpless!.

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