The NCIC’s decision designating the well-known sheng expressions “hatupangwingwi” and “watajua hawajui” as hateful words have been overturned by the High Court.
The National Cohesion and Integration Commission allegedly did not follow the law when it took the contested action, according to Justice Antony Ndung’u.
The words in question, according to Chama cha Mawakili, are Kenyans’ “sayings” of freedom of expression and do not constitute hate speech or have any other unfavorable connotations.
“The NCIC’s decision was reached through a flawed and unconstitutional process. It amounts to the commissions abusing their authority “Examine the court records.
The group warns against misusing the process of labeling words as hateful or using it as a way to settle political scores under the guise of promoting national cohesion and integration.
On April 1, 2022, NCIC Chairman Samuel Kobia outlawed the use of the two phrases in public gatherings, online posts, and political talk shows.
He reasoned that the action would significantly reduce hate speech and increase national security during this election season.
However, Chama cha Mawakili claimed in its cases that this amounted to an abuse of power and that the timing of the ban was planned to give some political formations an unfair advantage in the upcoming elections.
The group claimed that banning the words for the single reason that they are used by political candidates from families who have not traditionally held positions of power amounted to an abuse of the position of authority.
The group continued, “There is a likelihood that Kenyans’ rights to freedom of expression, equality before the law, and human dignity will be curtailed without a just cause.”
