The National Cohesion and Integration Commission (NCIC) has proposed new amendments aimed at combatting hate speech, recommending a fine of at least Ksh10 million or a prison sentence of up to 10 years for anyone found guilty of spreading harmful content.
The amendments, which form part of the National Cohesion and Integration Bill, 2023, will undergo their second reading when Parliament reconvenes next month. The proposed law also includes provisions to disqualify individuals convicted of hate speech from holding public office for at least five years.
The NCIC’s draft bill stipulates that individuals who publish, post, or disseminate hate speech via print, electronic, digital, or social media “shall be liable on conviction to a fine of not less than Sh10 million or imprisonment for a term of not less than 10 years, or both.”
The proposal also mandates a fine of Ksh1 million for anyone using abusive, threatening, or insulting language online.
Sponsored by Adan Haji Yusuf, Chairperson of the National Cohesion and Equal Opportunities Committee, the bill also suggests the permanent disqualification of individuals convicted of hate speech from holding public office, whether elected or appointed.
The draft states, “Any person convicted of an offence under this section shall be disqualified from holding any public office, whether nominated or elective, for a period of five years.”
The NCIC further aims to speed up the resolution of hate speech cases, requiring that they be concluded within six months.
A provision that makes it a criminal offence to ignore NCIC summons is also under discussion. Those who fail to comply could face a fine of Ksh1 million, up to 12 months in prison, or both.
NCIC Commissioner Danvas Makori confirmed that most of the proposals have been approved at the committee level and are now waiting for parliamentary review.
“All these proposals have been adopted by the committee and have passed the first reading. We hope MPs will consider them when they resume,” Makori said.
