NCIC to withdraw hate speech charges against Machage, Kapondi

By Wahome Thuku

The National Cohesion and Integration Commission has applied to court to withdraw hate speech charges against MPs Wilfred Machage and Fred Kapondi.

The withdrawal of the trial of former Assistant Minister Machage and Mt Elgon MP Kapondi would be an anticlimax for the first prosecution over alleged hate speech in Kenya.

The National Cohesion and Integration Commission (NCIC) which initiated the charges in June last year is now requesting for withdrawal of the case to pursue alternative ways of dealing with the suspects.

The Director of Public Prosecutions took over the case from the police prosecution wing and informed the court that he was considering the request by the NCIC.

Machage the Kuria MP and Kapondi were arraigned in court in June last year charged under the National Cohesion and Integration Act, which Parliament enacted in December 2008 to curb ethnic hatred.

Machage faces four counts and Kapondi one count of making hate speech.

Also charged with incitement is Christine Miller the widow of former Chief Justice Cecil Miller. The charges arose from speeches they made during the launch of the ‘No’ secretariat (a forum to campaign against the passing of the new constitution) at Upper Hill, Nairobi that same month.

Machage is accused of having made four statements targeting the Maasai, Kikuyu and the Luo. Kapondi allegedly uttered words meaning some communities in Trans Nzoia and Bungoma would be forced out if the Constitution was passed.

Four witnesses have so far testified including two television journalists who allegedly recorded and broadcast the speeches. The defence team has applied for acquittal of the suspects.

Thursday Senior State Counsel Emily Kamau told the trial magistrate Lucy Nyambura that the DPP had received a request from the commission to withdraw the case.

Ms Kamau said the NCIC was seeking reconciliation after been approached by defence counsel Katwa Kigen.

"The commission is considering other non-prosecutorial alternatives provided in the Act and the DPP is considering the request," she told the court.

The parties were given up to August 16 when they would go back to inform the court on their decision.

Under the National Cohesion and Integration Act, making a hate speech that stirs ethnic hatred attracts a maximum Sh1 million fine, or three years in jail or both.

Incitement to violence attracts five years imprisonment without the option of a fine.

The four counts against Machage attract a fine of up to Sh4 million or 12 years in jail. A conviction of Machage and Kapondi who are out on Sh100,000 cash bail each, could deal a devastating blow to their political careers.