Hate speech -

[RV Pundit]

• Tweet

[vooke]

Muthama must be in for this

Moses Kuria of course we know

Total waste of time

[gout]

As long as no Kalenjin leader is caught on tape with inciting speeches, all the rest can only get a slap on the wrist. Apart from Kalenjin maybe coast leaders and even funny guys whose incitement can't be allowed. Muthama can talk all he wants!

[Omollo]

I watched the speech live and now again. I see no hate speech. There is possible libel which is no longer criminal but civil. Uhuru can sue Muthama privately and not abuse his position to settle what is clearly a possible but very distant case of private injury

[Kichwa]

Its more like slander because its spoken, however, its very difficult for a politician to win a slander case.  It is definitely not hate speech but since the supreme court has not clearly defined what hate speech is, that is all they have on him.  The hate speech statute is so broadly defined and its constitutionality v. free speech should be litigated to the supreme court so that the court can draw the line to avoid abuse by the state.

I watched the speech live and now again. I see no hate speech. There is possible libel which is no longer criminal but civil. Uhuru can sue Muthama privately and not abuse his position to settle what is clearly a possible but very distant case of private injury

[Omollo]

For Uhuru to win such a case is akin to climbing to Planet Mars on foot without a rocket.

If Muthama was speaking about The Pope there is a chance. Uhuru has been making similar utterances and it is easy to prove that Muthama's statement was in the general mood set by the president. Uhuru would be asking the court to judge others on a higher standard than himself - which simply won't pass.

As for slander, he would have to show that he is entitled to greater respect than Muthama subjected him to. That would open a pandora's box where his previous utterances - shetani, etc - and even other "Presidential 'vocabularies'" such as Mavi ya Kuku, Kuma ya mamako (his father - 1973 and Kibaki - 2003) etc would come up to help determine whether Muthama has strayed from the general mood. It is a waste of time.
 

Its more like slander because its spoken, however, its very difficult for a politician to win a slander case.  It is definitely not hate speech but since the supreme court has not clearly defined what hate speech is, that is all they have on him.  The hate speech statute is so broadly defined and its constitutionality v. free speech should be litigated to the supreme court so that the court can draw the line to avoid abuse by the state.

I watched the speech live and now again. I see no hate speech. There is possible libel which is no longer criminal but civil. Uhuru can sue Muthama privately and not abuse his position to settle what is clearly a possible but very distant case of private injury

[vooke]

Muthama said nothing compared to Kuria.

Kuria crossed the line
He said Babu is a satanist and he has sacrificed all his kids
Fidel, the other has her mouth facing 'this way', the other is on a wheel chair.
He also said that he would shave Ida's pubic hair
And I heard that Babu 'cries' like an old dog
He said he disagreed with Uhunye's peace calls and they would fight.

I'm not worried about the legal aspects of his statement but the effects; they inspire hatred.

That it took protests to effect it tells me it was an afterthought.

[Kichwa]

Actually I am concerned about  what Kuria says about Baba.  He and ouru are fair game. What he needs to stop is the urging people to do violence against other people purely based on their tribe. That is serious business because it invites retaliation and a lot of innocent people being killed from either side.

Muthama said nothing compared to Kuria.

Kuria crossed the line
He said Babu is a satanist and he has sacrificed all his kids
Fidel, the other has her mouth facing 'this way', the other is on a wheel chair.
He also said that he would shave Ida's pubic hair
And I heard that Babu 'cries' like an old dog
He said he disagreed with Uhunye's peace calls and they would fight.

I'm not worried about the legal aspects of his statement but the effects; they inspire hatred.

That it took protests to effect it tells me it was an afterthought.

[RV Pundit]

No hate speech charge so far has been sustained. The legislation need to codify what hate speech really mean.

[Omollo]

No hate speech charge so far has been sustained. The legislation need to codify what hate speech really mean.

It is not the law. It is willful prosecutorial lethargy. Tobiko throws away the case just like Mullah, Ngatia and Muite threw away the petition after realizing they could not win.

[vooke]

No slander,defamation or other bullshiet legalese, just 'incitement to violence'

[Kim Jong-Un's Pajama Pants]

No hate speech charge so far has been sustained. The legislation need to codify what hate speech really mean.

It is not the law. It is willful prosecutorial lethargy. Tobiko throws away the case just like Mullah, Ngatia and Muite threw away the petition after realizing they could not win.

Kenya has some ways to go on that front.  I am still waiting for Gichuru to be prosecuted for money laundering, having confessed to the same in a Jersey court.  While I am not naive enough to anticipate anything but the status quo, the SCOK surprised me.  So I can't completely rule out anything.

That aside, I think people should be free to say whatever they want, even those obsessed with other people's and their spouses genitalia.  In fact, NCIC is one of those bodies along with EACC that are a drain on the public purse with nothing to show.  They should be scrapped.  They actually provide cover for the same things they were created to tackle.  Kenyans need to see themselves in their full glory warts and all.