Fury greeted a move by National Cohesion and Integration Commission (NCIC) to ban usage of popular political jargon in the name of taming rise of hate speech ahead of election.
Top on the list is reference to a popular X-Ray song, "Sipangwingwi", now adopted by Deputy President William Ruto's political side in their campaign mobilization. In the list issued by NCIC Chair Rev. Samuel Kobia, "hatupangwingwi" is a hate speech term whose continued use will attract consequences from the Commission.
It also includes the term "kama noma, noma. Kama mbaya, mbaya" most used by Mombasa Governor and ODM Deputy Leader Ali Hassan Joho as part of his political rhetoric. Kobia said declared it a rallying call to unleash violence on political violence if they played foul.
Others include the much more notorious ‘Madoadoa’, and ‘Chunga Kura’, ‘Mende’, ‘Watu wa kurusha mawe’, ‘Watajua hawajui’, ‘wabara waende’, ‘Wakuja’, and ‘Operation linda Kura’.
Immediately the list came out, Ruto posted the remix of the song ‘Sipangwingwi’ in an apparent act of mockery against the list. Other politicians, as well as lawyers joined him in dismissing the NCIC.
“These words have been listed because we followed conversations and how those conversations have been framed towards violence,” Kobia had said.
Kobia said these words are banned from use and that the list will be updated regularly to include new terms and phrases. He was addressing the media during the commission’s monthly update on steps taken to fight hate speech and prevent the outbreak of violence as the country edges closer to the August General elections.
On the same occasion, Kobia unveiled one Alessandro Olocho Santos alias Madocho as the commission’s “Elections Bila Noma” campaign ambassador. Speaking in sheng', Madocho urged youth to shun violence.
However, Law Society of Kenya President Eric Theuri said that NCIC does not have the mandate to classify words as inciteful or hate speech.
“That would be a dangerous route by NCIC,” Theuri said.
He said the context in which a word is used is important, especially on matters of incitement and hate speech.
“They should avoid giving generalizations unless they are giving an advisory,” he says. He however says that words can be innocent and when used in another context they can be inciteful.
Wangeci Kiragu, an advocate also said categorizing hate speech is subjective affair.
She said that the accused person in a court of law will use the freedom of speech as a defence and if the words in question have already been classified by NCIC then they say that it was subjective.
Another advocate, Mbugua Mureithi faulted the commission for overstepping its mandate.
“Language is evolving, words can have multiple meanings and for hate speech context us everything,” he says. He adds that for a hate speech case to be prosecuted properly the words in question must be put into context.
In its explanation, NCIC said the use of the word Hatupangwingwi is targeted at families that have held leadership positions for a long time saying it is also targeted at other communities.
“The concern with ethnic stereotypes and coded language in Kenya generally and specifically stems from the fact that it is commonly used in the context of political campaigns to rally the support of members of inner communities against target communities,” said Kobia.
One of the banned words, ‘madoadoa’, has recently come into sharp limelight following its use by several politicians.
“The phrase is used by political aspirants and the supporters of the dominant party in a certain area against their opponents. The phrase can be used to incite a tribe against another,” said Kobia.
He said ‘Watujua hawajui’ which loosely translates to a threat to violence.
According to NCIC, the term is used by political aspirants and supporters of the less dominant party in an area and is targeted at the dominant politician and party.
Kobia said use of ‘Watu wa kurusha mawe’ which translates to ‘stone throwers’ targets a certain community.
The commission says this term is used by political aspirants to refer to the community perceived to resolve differences and disputes by attacking others using stones.
Elgeyo Marakwet Senator Kipchumba Murkomen wrote on his twitter account: “Hey @NCIC_Kenya hatupangwingwi. Volume iko sawa ama niongeze?”
Nakuru Senator Susan Kihika also tweeted: “Hatupangwingwi!!!! NCIC you have totally lost direction. You must be so idle that this is the best you could do! It’s no wonder no one takes you seriously! Close shop and go home and save the taxpayers’ money!”
Kiharu MP Ndindi Nyoro wrote: “Sisi Hatupangwingwi. The tragedy of having useless and subjective Commissions. NCIC, tumesema Hatupangwingwi.”
Nyali MP Mohammed Ali also tweeted the video of the song captioning it “Hatupangwingwi!”
Kobia also said that Azimio la Umoja Presidential candidate Raila Odinga must honour the summons issued against him over use of "madoadoa" remark in Wajir.
Odinga apologized for the incident in Kisumu stadium while campaigning in the region.
Kobia said that the commission will be working together with the Office of the Director of Public Prosecutions (ODPP) in the investigations to achieve success in their cases.
“We have agreed with the ODPP that we will be going through a checklist of what is required during investigations so that by the time we complete the investigation we are confident that the evidence we have is watertight,” he said.
He lauded the move by Chief Justice Martha Koome to establish six special courts to deal with hate speech and incitement cases and the duration given of finalizing the cases within six months.
