NCIC accused of being political in 'sipangwingwi' ban

The NCIC has been accused of taking sides and descending into the arena of politics by classifying the "hatupangwingwi" and "watajua hawajui" as hate terms.

The issue has now landed in court with the Chama Cha Mawakili seeking an order suspending the commission's decisions.

The group believes the timing of the ban is calculated to present undue advantage to some political formations in the upcoming elections.  

"It is an abuse of power to ban the words for the sole reason that it is used by political aspirants from families that have not been at the center of power in the past," says the group. 

On Friday, the commission made a decision to classify and ban the words terming them as hate speech. But Chama cha Mawakili says the process leading to that decision is flawed and unconstitutional.

It argues that the NCIC action amounts to abuse of power. The terms it claims are "sayings" of freedom of expression used by Kenyans and does not amount to hate speech or any other negative connotations. 

"Unless the court intervenes, there is a likelihood that the rights of Kenyans to freedom of expression, equal treatment and human dignity will be curtailed without a just cause," says the group. 

According to the court documents, NCIC before making a decision to ban/classify the words did not give right to fair hearing to Kenyans or political aspirants who were likely to be affected by the decision.

NCIC on Friday listed the 'sipangwingwi' among the terms that contain coded elements of hate speech. Others are fumigation, madoadoa, mende, kama mbaya mbaya and operation linda kura.

NCIC chairman Samuel Kobia said the words are banned in public rallies, social media posts and political talk shows. His reason was that it will go a long way in containing hate speech and ensuring the nation is secure during this electioneering period.

But just a few hours after the NCIC  listed the phrase 'sipangwingwi" as one of hate speech terms, Deputy President William Ruto went ahead and released a song christened 'hatupangwingwi'.

The DP, who adopted the phrase as his signature campaign slogan, tweeted the song on Friday in which he was featured by musician E-xray Taniua, a gengetone artiste.

Chama cha Mawakili says NCIC has a constitutional duty to adhere to in that the process of terming words as hate must not be misused or used as an avenue to settle political scores.

"The cohesion and integration process should not be used to harass or oppress any person through the institution or threat of institution of hate speech proceedings against a person," the group says.

The lawyers say they will be asking the court to consider that it was irrational for NCIC to term the disputed words as hate speech without any justification.

They will also be asking the court to take into account that the usage of the said words has "gained general usage and acceptance as ordinary sayings and harmless words of freedom of expression".

-Edited by SKanyara