NCIC Summons Didmus Barasa, John Ariko: MPs Face Hate Speech Probe

• The National Cohesion and Integration Commission (NCIC) has summoned MPs Didmus Barasa and John Ariko Namoit over alleged public utterances.
• Both legislators are required to appear before the NCIC on September 29 for ongoing investigations into their statements.
• Didmus Barasa faces allegations regarding remarks made on September 19 in Bungoma County concerning government appointments and a hypothetical recruitment scenario.
• The NCIC, established under the National Cohesion and Integration Act, is mandated to combat hate speech and promote national unity.
• Failure to comply with the summonses could lead to arrest warrants, criminal proceedings, or contempt charges.

Failure to comply with the commission's directive could lead to severe legal repercussions, including the issuance of arrest warrants or the initiation of criminal and contempt proceedings.

The National Cohesion and Integration Commission (NCIC) has underscored its active enforcement powers by issuing summonses to two Members of Parliament, Didmus Barasa and John Ariko Namoit, initiating an investigation into their recent public utterances. Both legislators are required to appear before the commission on September 29 to address statements they allegedly made during separate events in Bungoma and Turkana counties, which are now the subject of ongoing inquiries.

Kimilili MP Didmus Barasa is scheduled to present himself at the NCIC offices located at Britam Tower, Upper Hill, Nairobi, at 10:00 AM. Later the same day, Turkana South MP John Ariko Namoit is expected before the commission at 2:00 PM. These summonses highlight the commission's readiness to scrutinize public statements made by political figures, particularly those that could be perceived as divisive or inflammatory.

The summons issued to Didmus Barasa specifically references remarks he is alleged to have made on September 19 in Sirisia Constituency, Bungoma County. The National Cohesion and Integration Commission is investigating statements attributed to Barasa concerning leaders from the former Western Province who hold prominent government positions, including Cabinet secretaries, principal secretaries, ambassadors, and chairpersons of State corporations.

Further allegations against Mr. Barasa involve an example he reportedly gave during a recruitment interview scenario. He is said to have suggested that a well-dressed, English-speaking candidate from Nyeri might be rejected, while a candidate from the Western region could be favored based on their name and perceived community background. The commission notes that Barasa allegedly concluded these remarks by stating that such practices contribute to the community falling behind, using the phrase “rudi nyuma.” The NCIC has clarified that Barasa's appearance will provide him an opportunity to respond to these specific allegations, present evidence, and make representations before any determination is reached.

The National Cohesion and Integration Commission operates under the authority of the National Cohesion and Integration Act, a legislative framework designed to foster national unity and peaceful relations among Kenya's diverse communities. Its core mandate includes actively addressing issues such as negative ethnicity, racism, religious intolerance, and hate speech, reflecting a commitment to maintaining social harmony.

Lawyers advising political figures or public officials should note the NCIC's readiness to issue summonses and initiate investigations, highlighting the need for careful consideration of public statements to avoid potential legal and criminal proceedings. The summons to Didmus Barasa and John Ariko Namoit, signed by NCIC Commission Secretary and Chief Executive Officer Daniel Mutegi Giti on September 22, explicitly warns of severe consequences for non-compliance. Failure to appear before the commission could result in the issuance of warrants for arrest and production, or the institution of criminal or contempt proceedings, underscoring the serious nature of a Kenya NCIC hate speech investigation.

This development underscores the National Cohesion and Integration Commission's active enforcement powers regarding hate speech and divisive public utterances in Kenya. Lawyers advising political figures or public officials should note the NCIC's readiness to issue summonses and initiate investigations, highlighting the need for careful consideration of public statements to avoid potential legal and criminal proceedings under the National Cohesion and Integration Act.

Source: Original reporting via Capital News