We don’t need new laws to prosecute hatemongers, we need political will

The plan by the government to sponsor a Bill to bar hatemongers from contesting elections is yet another gem from the same place where the President’s request to the clergy to declare corruption a sin came from.

Kenya already has robust hate speech laws. Section 13 of the 2008 National Cohesion and Integration Act, criminalises the use of hate speech and bars the use of threatening, abusive or insulting words or behaviour in any medium if they are intended to spur ethnic hatred. Under this section, the punishment for hate speech is a fine not exceeding Sh1 million or an imprisonment term not exceeding three years or both. Article 33 (2) sub-section (c) of the Constitution deals with hate speech as well. It states that the right to freedom of expression does not extend to hate speech.

The nature of the crime of hate speech is such that it will usually be committed in full glare of the media. As such, it is not particularly vexing to prove in a court of law that the said crime did occur. It is bemusing to observe how ‘investigations’ are carried out for eons when people are accused of hate speech, even when the statements in question are direct and flaming red hot with hatred. There are those who prefer to use euphemisms like “so and so should eat maize” and a lot of time is deliberately eaten up purportedly deciphering what it is that they meant when we all know exactly what they were referring to.

The government, as usual, is looking for solutions everywhere but within. It is not more laws that are needed but efficient action to successfully prosecute hatemongers. According to Interior Cabinet Secretary Joseph Nkaissery, the Bill will empower the electoral commission to bar those found guilty of hate speech from seeking elective office. This is overkill, a person who inhabits jail just before the election is unlikely to be winning any seat.

Incendiary remarks by politicians remain in vogue because of two reasons. The most immediate one is that there are no consequences to them.

The other is that sections of the public are always at hand to cheer such statements and few politicians can resist working up a crowd. The latter problem is indeed extremely challenging and each one of us must ask ourselves what we have done to foster unity and cohesion. As for the lack of tough action on those who continue to sow discord, it is a question of people like the Interior Cabinet Secretary sleeping on the job. As a former military man, he must know you cannot make a reluctant warrior more effective by arming him with more weapons when he is loath to use the ones he already has.

Even now, it is possible for a person of firm resolve to crack down in the period running up to the 2017 election. It is quite doubtful however that people appointed by the President and serving at his pleasure will be particularly zealous in going after some the vipers that nest close to power. It is easier and safer to ask for more laws. Soon we might hear someone tell us that he needs a law to criminalise bribe taking by traffic police.

We still have a long way to go, as a society, to the point where leaders and other officials will admit their shortcomings and either improve or resign. Or even at least apologise. Where we are now, it is always some other person’s fault. So entrenched is this culture that I can boldly predict that any shortcoming in conducting the coming election will not be the IEBC’s fault. Neither will the government be culpable. Only CORD, foreign powers and forces beyond human understanding will be blamed.