Nipate
Forum => Kenya Discussion => Topic started by: Omollo on May 26, 2017, 05:40:53 PM
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Even they finally ran out patience
Ignore Nkaissery’s obnoxious directive
Interior Cabinet Secretary Joseph Nkaissery never ceases to amaze.
He has the propensity to issue illegal and ridiculous decrees that have the potential to cause despondency. He seems to suffer from a delusion of grandeur and needs to be checked.
POLICE STATE
In his latest outburst, he has directed police to arrest politicians who engage in hate speech or incitement.
Things don’t work like that, Mr Nkaissery. Ours is not a police state and those Kanu-era strong-arm tactics were long ago swept into the dustbin of history.
There is a process to be followed in arresting those who breach the law and having them charged.
It is not whimsical and discretionary. For any criminal offence, investigations must be conducted and evidence adduced to sustain charges in court.
HATE MONGERING
We recognise that heightened political campaigns are often replete with pitfalls. Politicians tend to be careless and make some odious and repulsive statements. This is not acceptable and must be discouraged.
As we have said time and again, we abhor hate mongering and incitement because they can precipitate violence. Any person engaging in such must be dealt with. But that does not mean arbitrary arrests.
NCIC'S MANDATE
Institutions exist to deal with hate speech. Precisely, it is the mandate of the National Integration and Ethics Commission (NCIC) to rein in inciters and hate mongers.
The NCIC has been talking of new strategies to apprehend suspects.
It is recruiting more personnel and equipping them with recorders to tape such statements to assist in investigations.
WRONG DIRECTIVE
Even then, the law is very specific in its definition of hate speech. It places a high threshold of proof on it, and which explains why some cases have never been prosecuted conclusively in court. Most of what is perceived as hate speech is just insults, which really is a manifestation of bad manners but not a criminal offence.
Most police officers are totally uninformed about the law on hate speech and left to monitor suspected perpetrators are bound to make embarrassing and costly mistakes.
Mr Nkaissery is wrong here. His directive is vexatious, and indefensible and should be treated with the contempt it deserves.