Artistes put on notice for hate speech

By ALLAN OLINGO

My roommate in university enjoyed playing vernacular songs, especially those of Musa Juma, Omondi Tonny, DO Misiani, Osogo Winyo, Ramogi and tens of benga and ohangla songs. I wondered how he could enjoy these songs 24 hours a day. But with time, I started appreciating his genre of music, whose themes were based on our history, politics and love.

One of them caught my attention. It captured the politics of the day. After the 2002 elections, President Kibaki allegedly didn’t honour a memorandum of understanding he had signed with other leaders before the elections.

This situation prompted the late DO Misiani to compose the song, Bim en Bim (a baboon will always remain a baboon).

In this song, Misiani starts his narrative, talking in the first person, by addressing all the animals on earth.

Baboons and other animals

Misiani sings: “I am talking to all animals, in the oceans and birds . . . I want to talk about baboons, whether out in the wild or domesticated. A baboon, when you try to feed it, it will snatch the food from your hand, and even try to take over what you had left. I once met a baboon, which had been beaten. It had broken legs. I decided to help and took it to hospital. As soon as it recovered, the baboon invited all its relatives to my house and took over.”

There was no prize for guessing whom he was referring to.

Then Misiani was lucky that the National Cohesion and Integration Commission (NCIC) hadn’t been formed, but the latest casualties might not be as lucky.

John De Mathew, Kamanda wa Kioi and Muigai wa Njoroge are influential Kikuyu musicians, but they are now on the radar after people complained that their songs are laden with hate speech.

The contentious songs are Mwaka wa Hiti loosely translated as ‘Year of the Hyena’ by John De Mathew, Muigai wa Njoroge’s Hague Bound and Uhuru ni Witu (Uhuru is Ours) by Kamande wa Kioi.

Kioi sings: “You thump your chest about the Hague, is the Hague your mother? God cursed you. The Philistines couldn’t lead Israel because they were uncircumcised.

“When Abraham didn’t follow God’s instruction, his punishment was circumcision, and you, the General of Migingo, your knife is being sharpened.”

Here again, we really don’t have to sweat to imagine whom Kioi is referring to.

In wa Njoroge’s Hague Bound he asks: “What if you knew that Hague you are being pushed there by an uncircumcised man who wants to push you there and take over your wife and all your wealth . . .”

In the lyrics, the answer is: It is better to die. An uncircumcised man does not govern things for a man. I would kill him. It’s better they increase my charges.

Mr Harold Ayodo, an advocate, explains what hate speech is: “It is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group,” says Ayodo.

Ethnic hatred

According to Ayodo, the law may identify a protected individual or a protected group by race, gender, ethnicity, disability, nationality, religion, sexual orientation, gender identity, or other characteristic.

NCIC states that a person who distributes, shows or plays a recording or visual image or provides, produces or directs a programme which involves use of threatening, abusive or insulting words or behaviour commits an offence if such person intends thereby to stir up ethnic hatred or having regard to all the circumstances, ethnic hatred is likely to be stirred up.

Deputy Prime Minister Uhuru Kenyatta has distanced himself from these songs. In a carefully worded statement he posted on both his Twitter and Facebook accounts he writes, “There are few resources as precious as the creative ability of individuals. Most of us have experienced the power of art to shock; inspire and influence us. Art is expressive and engaging. It can push boundaries of thought in our society and bring together people who exist across borders.”

He goes ahead to caution against misusing art, saying that “with great power comes great responsibility”.

NCIC has launched investigations into these vernacular songs thought to be promoting tribal antagonism in the country.

Prior to Kenya’s 2007 presidential elections, politicians mobilised their supporters along ethnic lines, and created a tinderbox situation.

Besides using vernacular radio stations, they did this through  various media such as internet, mobile phones, music, videos, plays, comedy and poetry.

The way the new forms of media such as the internet process, frame and pass on information to the people affects the function of the political system.

Social media

The interaction between new media and ethnicity in Kenya is now a time bomb, which might fan violence if not properly dealt with. If in doubt, just check the discussions on various social media platforms.

Last month, head of NCIC Dr Mzalendo Kibunjia raised concern about excessive use of stereotypes in a popular TV comedy show.

This was in response to complaints that comedy was fanning ethnic profiling because of the growing trend where comedians were relying on tribal stereotypes to keep their audiences entertained.

“We raised concerns with the TV station and they were very apologetic and dealt with the matter satisfactorily. Being an election year, ethnic profiling could fuel tension and should not be entertained,” said Kibunja then.

For instance, most of these comedians thrive on stereotyping communities through jokes such as the Kikuyus as thuggish, untrustworthy and money-minded; that Luos are proud, Luhyas love food, Merus are hot-tempered and that Coastal people as being lazy.

Since music and other forms of art are powerful in influencing people on many issues, it is a good thing that the integration commission has stepped in to check it before it is too late.