The National Cohesion and Integration Commission faces an uncertain future in the wake of two proposals with a far-reaching impacts on its structures and functions.
MPs have drafted a new law to strengthen the commission coming at a time when the bipartisan team has recommended its merger with two other commissions.
The team, headed by former Vice President Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung'wa, recommended the merger of NCIC with National Gender and Equality Commission and the Kenya National Commission on Human Rights.
But a new bill by the National Assembly Committee on National Cohesion and Equal Opportunity proposes several changes, to among others give NCIC more teeth to bite.
The new bill increases the number of commissioners to nine from the current eight.
It provides that each commissioner heads a regional office.
“The Commission shall consist of a chairperson and eight other members nominated by the President and approved by the National Assembly.”
Should MPs approve the bill, the commissioners will serve for a three-year term, renewable once.
Presently, NCIC commissioners serve a single term of six years “and are not eligible for re-appointment”.
The current team, having been installed in 2019, is set to exit office next year.
Besides having its headquarters in Nairobi, MPs want the commission to be present in every county.
“The commission shall establish nine regional offices in the country to be administered by a commissioner,” the Bill reads.
“The commission shall ensure that its services are accessible to all parts of the country and shall establish branches in each county in Kenya.”
Those who have been involved in the running of a political party will be barred from sitting in the commission, the bill provides.
“A person is not qualified for appointment if the person is a state officer, is a member of a governing body or is actively involved in the affairs of a political party.”
Persons who have been accused of promoting sectoral, ethnic, racial or religious animosity or openly advocated for partisan ethnic positions or interests will also be locked out.
Ahead of the August 2022 elections, NCIC fought accusations that it was being used to settle political scores.
As was the case before the Constitution, the Cabinet Secretary [Interior] is being given powers to refer ‘any issue of important public policy’ for the commission’s action.
This would be, “whether or not a complaint has been lodged or the Commission has considered the complaint or the complaint is in the process of being conciliated.”
The proposed law is further making it difficult to remove a commissioner of NCIC.
It would require the vote of a majority of two-thirds of National Assembly members to oust a member.
The cohesion committee says the Bill seeks to align the Act with the present constitutional dispensation and structure of government.
“It is repealing the National Cohesion and Integration Act (No.12 of 2008), whose enactment was before that of the Constitution,” MP Haji said in the bill’s memo.
Among the proposals is a Sh1 million fine or three years in jail for persons who use threatening, abusive or insulting words on print, electronic and social media.
The fine will apply to plays, shows, recorded visual images, programmes that will be deemed “threatening, abusive or insulting or involves the use of threatening, abusive or insulting words.”
“It is an offence if such person intends to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.”
Where hate speech is committed by an organisation, all directors would be deemed guilty, the same with every partner of a firm facing hate charges.
Those in the fray would have to prove they were not part of the offence or they exercised due diligence to prevent its occurrence.
In the transition period, members would be considered employees of the reconstituted commission for the unexpired period of their term of service.
Staff will also be transferred to the new entity should the Bill be enacted.
MPs also seek to have a say in the selection at the initial stages, and have introduced a nominee of the Parliamentary Service Commission to the selection panel.
