Mwakwere to be arrested for hate speech

By Cyrus Ombati
Environment Minister Chirau Ali Mwakwere is set to be arrested and prosecuted for hate speech anytime after police moved to register his case in court.

Detectives from CID headquarters who are handling the case moved to the High Court Tuesday to register the case and seek summons for the minister to appear formally to face the charges.

Officers who did not want to be quoted said the case was to be registered and they expected the summons to be issued immediately.

“If he does not honour the summons which we expect to get anytime we will seek a warrant to arrest him,” said an officer aware of the development of the case.

If Mwakwere is charged, he will have to step aside from his Cabinet position until the case is heard and determined.

High Court judge Justice David Majanja had last month paved way for the arrest and prosecution after he dismissed the minister’s petition that sought to block the National Cohesion and Integration Commission (NCIC), Police and the Director of

Public Prosecutions (DPP) from filing charges against him.

In his ruling, Justice Majanja said unregulated speech would lead to social and political conflagration.

DPP Keriako Tobiko had also okayed the prosecution of the minister saying there is sufficient evidence to sustain charges pressed against the minister by the National Cohesion and Integration Commission (NCIC).

The Matuga MP is alleged to have made the speech, during a by-election campaign in his constituency in July 2010, to the effect that indigenous Coastal people have been oppressed by the Arabs.

He moved to court in a bid to block chief inspector of police Robert Mabera, Commissioner of Police, NCIC, the Attorney General and DPP from arresting and prosecuting him.

Mwakwere stated that in the speech, he was airing his views on the historical injustices suffered by his people, which is a constitutional right guaranteed to him under Article 27 of the Constitution.

He expressed fears that his arrest would cause him to vacate his cabinet position.

The enactment of the NCIC Act in December 2008 saw assistant Minister Wilfred Machage and Mt. Elgon MP Fred Kapondi charged with hate speech. They were however acquitted for lack of evidence.

The Act makes hate speech punishable by fine or jail or both.

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

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.