Senate committee on national cohesion and equal opportunities chairman Mohamed Chute./HANDOUT
The Senate has put state agencies on notice over the lacklustre crackdown on incidents of hate speech and incitement as the country gears to the 2027 general elections.
The Kenya National Commission on Human Rights (KNCHR) and the National Cohesion and Integration Commission (NCIC) were pressed to explain the tangible actions they have taken to address the menace.
Senators specifically wanted to know why the ‘big fish’ are let free when implicated in offenses, yet ordinary Kenyans are apprehended.
Nominated Senator Catherine Mumma questioned the commissions’ commitment to ensuring a cohesive nation ahead of the general election, especially given the increasing cases of incitement on social media and by elected leaders.
“Mr. Chair, we have read, not once, twice but several times, some, leaders, known people, making utterances that are very much inflammatory on social media, in rallies, and even in churches. What is the commission doing to put this to an end given the election period we are heading into?” Sen. Mumma asked.
While appearing before the Senate Standing Committee on National Cohesion, Equal Opportunity and Regional Integration chaired by Mohammed Said Chute (Marsabit) on Monday morning, the agencies said they had taken some culprits to court
KNCHR, led by CEO Dr. Bernard Mogesa, submitted its report on the commission’s position on national cohesion and steps taken to address inflammatory utterances.
In his response, Dr. Mogesa cited several cases that the commission has submitted to court to hold perpetrators accountable.
However, the Chair insisted on knowing which senior government officials, apart from ordinary Kenyans, had been prosecuted for hate speech.
He further advised the commission to seek private legal assistance if the government’s legal team had limited powers.
NCIC CEO Dr. Daniel Mutegi also faced tough questioning regarding its efforts to address the rising cases of inflammatory utterances by influential personalities and political leaders.
Lamu Senator Githuku sought clarity on what the commission was doing to monitor, regulate, and deter the use of social media platforms to spread hate speech.
In his defense, Dr. Mutegi said the commission has deepened investigations into utterances made by leaders, especially political figures, and has summoned individuals found to be spreading hate speech.
He added that since the 2022 General Election, the commission has put in place measures to monitor mainstream media, social media platforms, and public spaces, efforts that have helped detect and address hate speech, ethnic contempt, and incitement to violence.
Later, NCIC was questioned over integrity concerns following its recent recruitment of 22 persons.
Senator Mumma, expressed shock to learn that the hiring process was conducted without formal advertisement of the positions, a move the Chair termed illegal and contrary to the law.
The CEO struggled to respond to several questions, including one from Nominated Consolata Okwabubi, who asked why the agency initially intended to recruit 20 persons but ended up hiring 22.
In his response, Dr. Mutegi said that the commission passed resolutions requiring the number to be increased from 20 to 22, an explanation the Chair insisted must be accompanied by documented evidence.
The contradictions between the CEO and the commission's HR regarding the recruitment process raised serious integrity concerns.
Consequently, the Chair directed that NCIC commissioners appear before the committee tomorrow, Tuesday 18th November 2025, to address the alleged illegal recruitment.
He further instructed the CEO to cancel the contracts of the newly recruited staff, citing illegality in the process.
The Chair urged the commission to uphold integrity as outlined in Article 6 of the Constitution and warned him against bowing to external pressure, noting that he would be held personally responsible if found culpable.
Other senators present included Sen. Daniel Maanzo (Makueni) and Beth Syengo (Nominated), and Betty Montet (Nominated), who attended the meeting virtually.
