NAIROBI,Kenya, Jul 22-The National Cohesion and Integration Commission (NCIC) has cautioned that inflammatory content shared on social media carries the same legal consequences as statements made at public rallies, as the country witnesses a rise in hate speech and ethnic incitement ahead of the 2027 General Election. In a communiqué issued on Wednesday, the Commission expressed concern over what it described as an increase in inflammatory rhetoric, hate speech, ethnic incitement and divisive public discourse circulating both online and offline, warning that the trend threatens national unity and peace. “We particularly urge to exercise responsibility on digital platforms.
Content shared online carries the same legal and social consequences as statements made in public gatherings,”the Commission through its Chairperson Kepha Nyamweya Omae stated. The Commission called on citizens to reject, report and avoid amplifying messages that promote hatred, ethnic profiling, violence or intolerance, stating every Kenyan has a responsibility to safeguard national cohesion. The warning comes amid heightened political activity and increasingly charged public discourse as the country edges closer to the 2027 elections.
NCIC reminded that although Article 33(1) of the Constitution guarantees freedom of expression, the right is not absolute. It cited Article 33(2), which states that freedom of expression does not extend to propaganda for war, incitement to violence, hate speech or advocacy of hatred that amounts to ethnic incitement, vilification of others or incitement to cause harm. The Commission further pointed to Article 33(3), which requires every person exercising the right to freedom of expression to respect the rights and reputation of others.
It also referenced Article 10 of the Constitution, stating national values including unity, human dignity, inclusiveness, equality, non-discrimination and social justice must guide all persons in the application of the law and public policy. The Commission reminded the public that the National Cohesion and Integration Act criminalises hate speech, ethnic contempt and incitement. “In particular, Section 62 of the Act criminalizes the uttering of words intended to stir up feelings of hatred, contempt, hostility, violence, or discrimination against any person, group, or community on the basis of ethnicity or race,”NCIC stated.
“Any person found culpable is liable to criminal prosecution and, upon conviction, to the penalties prescribed by law.” The Commission called on political leaders, public officers, community leaders, media practitioners, online influencers and all to exercise restraint in their public communication. “Differences in political opinion, ethnicity, religion or ideology must never be used to incite hatred or violence against fellow,”NCIC stated.
Reaffirming that no one is above the law, the Commission cautioned that individuals who violate constitutional provisions and the National Cohesion and Integration Act, whether through physical platforms or digital spaces, will be held accountable. “As our nation navigates the current challenges, we call upon all to reject division and embrace the ideals that bind us together as One People, One Nation, One Destiny,”NCIC Chair stated.