FREEDOM OF EXPRESSION

Don't ban Ruto's 'hustler' slogan, Raila tells MPs

Says though the slogan carries a potential threat to national unity, it is within DP’s constitutional right to use it

In Summary

• The opposition chief had in the past blasted Ruto’s dynasty versus hustler rallying calls, saying it is a time bomb.

• A bill by Kiambaa MP Paul Koinange seeks to criminalise incitement against any person, group or community on the basis of social status.

ODM leader Raila Odinga during a service at St Joachim and Anne Catholic Church, Kayole, on January 17.
ODM leader Raila Odinga during a service at St Joachim and Anne Catholic Church, Kayole, on January 17.
Image: RAILA ODINGA/TWITTER

Opposition chief Raila Odinga has urged Parliament not to ban Deputy President William Ruto’s ‘hustler’ slogan.

The ODM boss – in a statement to newsrooms - said though the slogan carries a potential threat to national unity, it is within Ruto’s constitutional right to use it.

He urged lawmakers to drop any legislative process that is aimed at outlawing the slogan, saying the move would go against DP’s freedom of expression and association.

“I would strongly appeal to Members of Parliament to drop any attempts to legislate against this otherwise deadly slogan,” Raila said.

“As a country, we fought for and should respect free speech and association. We should be able to allow the Deputy President and his team to continue with their chosen slogan without any inhibitions.”

The DP has been building his 2022 presidential campaigns around the 'hustler nation movement', which is meant to appeal to the majority of the poor.

“Those of us who see its dangers should continue educating our people against falling for it. I have faith that Kenyans will see through this divisive and potentially deadly rhetoric and its attacks on fellow Kenyans, and reject it in the end.”

The opposition chief had in the past blasted Ruto’s dynasty versus hustler rallying call, saying it is a time bomb that has the potential of upsetting the peace and stability of our nation'.

He likened the slogan to Germany’s Adolf Hilter who rallied the country on an anti-Jews slogan and ended up plunging the European nation into a bloodbath.

The National Cohesion and Integration (Amendment) Bill, 2021, by Kiambaa MP Paul Koinange seeks to criminalise incitement against any person, group or community on the basis of social status.

The bill is viewed as one that targets the use of the hustler narrative.

The draft bill proposes a Sh5 million fine or five years imprisonment or both to any person who utters words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of the social status of a person.

“Where a state officer is found culpable of incitement on the basis of ethnicity, racial or social status, the officer shall be subject to the applicable disciplinary procedures for the relevant office and may be dismissed or removed from office,” the draft bill states.

“Where a person who has been dismissed or removed from office for incitement on the basis of ethnicity, racial or social status, the person shall be disqualified from holding any other state office.”

Koinange’s bill gives the National Cohesion and Integration Commission (NCIC) a constitutional mandate to conduct investigations where there has been incitement on the basis of ethnicity, racial or social status.

If the bill gets the approval of MPs, the commission then upon concluding investigations will make recommendations to relevant authorities to initiate disciplinary action against any person found culpable.

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