Written By Cyrus Kimanga 📝
Two city lawyers have petitioned the high court to halt the implementation of a National Cohesion and Integration Commission (NCIC) judgment prohibiting the use of the words “Hatupangwingi” and “Watajua Hawajui” during political rallies.
According to Felix Kiprono and Vincent Yegon who are representing the Chama Cha Mawakili, the two terms have gained general usage and acceptance as ordinary aphorisms and harmless words of freedom.
“The Respondent before making a decision to ban/classify the said words as hate terms did not accord right to fair hearings to Kenyans/political aspirants alleged who were likely to be affected by the decision aforesaid,” read the petition.
The lawmakers contended in the urgent appeal that NCIC’s implementation of the prohibition is an infringement of freedom of expression.
“Unless the court intervenes by restraining the respondent from implementing the decision aforesaid to the extent of including Hatupangwingwi” and “ watajua hawajui”,there is a real likehood that the Rights of Kenyans to freedom of expression and human dignity will be curtailed without a just cause,” the petitioners stated.
The petitioner said that the NCIC does not have the authority under the National Cohesion and Integration Act of 2008 to create a hate speech vocabulary.
“The respondent thus exceeded the authority conferred to it by law in making the impugned decision,”read the petition.
The petitioners said the process of classifying or terming words as hate must not be misused or otherwise used as an avenue to settle political scores in the guise of encouraging national cohesion and integration.
