The Fallacy of Kenya's War on Hate Speech

NCIC logo. Photo courtesy: Internet.

S/he who misdirected us to craft an anti-hate speech law to supposedly counter the deadly fires in our mouths should be smiling now - wherever s/he is. A majority of us have collectively assumed that hate speech (whatever that means) is to blame for all the tribal wars/contests stalking this country. We have further assumed that "punishing" hate speech peddlers must be accompanied by publicity so as to "shame" those whose intention is to steal our peace. And so I am left to wonder: Was this law destined to "compel" us to love one another? Was it created to help propel the political fortunes of some of our compatriots?

While these concerns seem to sound nice, the fact that nobody has ever been jailed under this law should worry us. Mark you; the National Cohesion and Integration Commission (NCIC) will soon mark its eighth anniversary. This offers a solid reason to examine its successes and failures; why it has failed to "compel" us to love one another.

I think the commission plus the chain of actors working with it to police our mouths have failed miserably in their mandate. As we proceed with this hate speech business, it is imperative to know what hate speech really means and what parameters inform this definition. The open ended list of what constitutes hate speech may actually turn up to be the weakness of this law - and by extension, the commission. I have a feeling some characters may periodically invoke this law when criticism directed to them (as public officials) lands on their ears with a bang. The line between public criticism, as a democratic principle, and hate speech, as a tool of some malevolent minds against public peace, must be bold enough for all to see. Lest we risk plunging the whole nation into a state of fear of state power.

It is inconceivable for Kenyans to trust this commission. It has all the hallmarks of a government agency that pockets huge sums of taxpayer monies but with zero results to show. It has failed to stand up as an impartial body. How many times have we seen it "swing into action" only after a media outburst and/or public outcry? It has branded itself as a protectionist entity of the dominant political elite.

This protectionist feeling is not entirely good. Rwanda is a living example of how protectionism can mutate to exclusionism. The 1994 tragedy that engulfed that country will eternally symbolize the deficiencies of public officials who resort to one-sided application of the law. Sadly, nearly one million innocent Rwandans had to die for the world to decipher that only sound governance is the best guarantor of public peace and harmony.

Protectionism breeds two types of citizens. The first type is the one who thinks he is the bona fide "beneficiary" of the rule of law. The second type is the one who, out of frustration, believes he operates on his own and (he) has nothing to benefit from the law. This second type is a lethal creature. A slight scratch on his body is what it takes him to harm the first in order to "express his frustration against the state". Kenya's 2007 post-election violence was to a greater extent inspired by this. 

Protectionism, in all its manifestations, has something to do with politicians "standing for their people" or “politicians standing in solidarity with their fellows”. It is a principle founded on the understanding that if those who belong to one particular group do not coalesce, their perceived enemies/adversaries will easily have their pickings. That is it. What proponents of this thinking do not admit is that this "togetherness" should never feature in a country that aspires to create a nation called Kenya. Instead, they erroneously hold that their "togetherness" can coexist with this baby called Kenya.

Kenya's public indiscipline is partly a product of the unreliable conduct of our state actors. The state has failed to demolish the belief that those allied to the dominant/ruling political elite "ought" to enjoy the protection of the law as a matter of priority. This "beneficiary syndrome" will cripple this country. Those in power must come out to robustly contain the elements within their circles who falsely think freedom of speech (read freedom of speech without limits) is their exclusive birthright.

Hate speech peddlers - within and without government - are enemies of Kenya. Only a diabolic, unpatriotic Kenyan can harbour these bloody characters. It should be made a cardinal sin to collaborate with or even befriend these agents of hate. Baby Kenya must grow - by all means. 

NCIC's subliminal inaction is enough reason for us to send its commissioners home!

Lemukol Ng'asike is an architect. Twitter: @mlemukol.