Kenya Proposes Tougher Hate Speech Laws with 10-Year Prison Terms

Parliamentary sessions in Kenya are poised to escalate next month as lawmakers gear up to discuss proposed amendments to the National Cohesion and Integration Commission (NCIC) Act of 2018, initially introduced in 2022.

This legislative effort, aimed at addressing the growing concern over hate speech, includes severe penalties for offenders, notably long-term bans from holding public office. The NCIC has put forward plans to significantly enhance penalties for hate speech. Key among the proposed changes is an increase in the jail sentence, raising the maximum term from five years to a minimum of five years, with a maximum of ten years, alongside fines starting at Sh10 million.

This initiative signals a strong commitment to curbing hate speech across various media platforms. In tandem with these enhancements, members of Parliament are proposing specific fines targeting threatening, abusive, or insulting behaviour. A Sh1 million fine is suggested for individuals involved in the distribution of inflammatory content through print, electronic, or social media. The draft legislation, led by National Cohesion and Equal Opportunities Committee Chairman Adan Haji Yusuf, takes a clear stance against ethnic hatred, specifically addressing discrimination based on race, colour, clan, sub-tribe, nationality, or ethnic origin.

A prominent feature of the draft law is the stipulation that anyone convicted of hate speech would be disqualified from public office for a minimum of five years. This measure is designed to uphold ethical standards among public officials and promote national unity and cohesion. The proposed amendments also seek to expedite the judicial process for hate speech cases, mandating that these cases be resolved within six months. This initiative is intended to enhance the effectiveness of the legal system in addressing incidents of hate speech.

Additionally, the NCIC is advocating for the classification of ignoring summons from the commission as a criminal offence, with penalties that include fines up to Sh1 million or imprisonment for up to twelve months. NCIC Commissioner Danvas Makori has expressed confidence in the proposals, noting that many have already received preliminary approval at the committee level and are awaiting parliamentary discussion.

The urgency for these legislative changes is magnified by recent instances of inflammatory comments made by political leaders, which highlight the pressing need for stronger legal frameworks against hate speech. High-profile cases involving MPs Oscar Sudi and Farah Maalim underline the challenges of prosecuting hate speech under existing laws, particularly due to issues related to evidence admissibility and witness testimonies as outlined in Article 96 of the Penal Code.

These legislative changes aim to foster national cohesion and ensure accountability among public figures by introducing stricter penalties and streamlining the judicial process.