Nairobi — October 2025

A senior official at Kenya’s National Cohesion and Integration Commission (NCIC) has admitted that weak laws and political interference have made it nearly impossible to prosecute politicians accused of hate speech.

Dr Danvas Makori, one of the commission’s commissioners, said the law defining hate speech sets such a high threshold that it becomes almost impossible to prove in court.

“If you go to court right now and look at the definition of hate speech, before you convict someone or even prove it, it’s a very uphill task,” Makori said during an interview on Radio Generation on Thursday morning.

He added that while the NCIC was established after the 2007–2008 post-election violence to curb ethnic incitement, the legal framework behind it was deliberately crafted to be weak.

“Part of the settlement of Agenda Four under the National Accord was to set up a commission like this to tick a box,” he said. “But the way the law was created was weak — and that was very intentional.”

Political Roadblocks in Reform

Makori revealed that the commission has, for several years, sought amendments to strengthen hate speech laws, but those efforts have repeatedly stalled in Parliament.

“We took a proposal to amend the law three or four years ago,” he said. “But it hasn’t gone anywhere — and most of those blocking it are the very people we’re supposed to hold accountable.”

He suggested that lawmakers, many of whom have faced accusations of inflammatory rhetoric, may be intentionally dragging their feet to protect their own interests.

Despite multiple investigations and public summonses of politicians accused of using divisive or abusive language, none has ever been convicted or jailed for hate speech in Kenya.

What Constitutes Hate Speech

Under the NCIC Act, hate speech is defined as communication that is “threatening, abusive, or insulting” and intended to stir up ethnic hatred — or that, under the circumstances, is likely to do so.

Ethnic hatred refers to hostility directed at a group based on colour, race, nationality (including citizenship), or ethnic or national origins.

The law covers a broad range of actions, including public speeches, performances, publications, broadcasts, or any material — written or visual — that could incite ethnic hostility.

Conviction carries a maximum fine of KSh1 million, imprisonment for up to three years, or both.

Calls for Reform and Accountability

Civil society groups and legal experts have long argued that Kenya’s hate speech laws lack the clarity and enforcement power needed to curb political incitement, especially during election cycles.

Makori’s remarks have renewed public debate over whether political will — rather than legal ambiguity — is the real obstacle.

For now, the NCIC continues to monitor political speech and call for restraint. But as Makori’s comments make clear, without legislative reform, the chances of seeing a Kenyan politician convicted for hate speech remain vanishingly slim.