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Proposed 2025 Bill Would Empower NCIC to Issue Prohibition Notices and Crack Down on Hate Speech Ahead of 2027 Elections

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NAIROBI, Kenya — A new 2025 amendment bill seeks to grant the National Cohesion and Integration Commission (NCIC) sweeping powers to issue prohibition orders, force immediate cessation of harmful conduct, and impose stricter conflict-of-interest rules — a move aimed at strengthening accountability ahead of the 2027 general election.

The proposed National Cohesion and Integration (Amendment) Bill, 2025 — sponsored by Yussuf Haji, Chairperson of the parliamentary National Cohesion and Equal Opportunity Committee and Member of Parliament for Mandera West — seeks to overhaul how NCIC handles hate speech, divisive populism, and inflammatory rhetoric that threaten national unity.

Under the Bill, NCIC would no longer rely solely on slow court proceedings to act. Instead, it will be empowered to issue prohibition notices requiring individuals or entities to halt harmful conduct within seven days.

This aims to enable rapid intervention amid rising concern over politically charged incidents and public unrest.

The amendments also tighten rules around conflicts of interest: any commissioner or staffer who directly or indirectly does business with NCIC must declare the interest and recuse themselves from related deliberations.

Failure to comply could attract up to Sh 3 million in fines or seven years’ imprisonment.

“Clause 68A gives NCIC the authority to issue prohibition notices, moving the commission beyond its existing mandate of merely documenting hate speech,” MP Haji explained.

He added that the changes include clearer investigation procedures and mandatory public inquiry hearings — unless there is a compelling reason for confidentiality.

To enhance transparency and oversight, the Bill mandates that NCIC submit detailed quarterly reports to Parliament, outlining its actions, investigations, and compliance with administrative and legal standards.

The proposed reforms follow persistent criticism that NCIC has lacked the teeth to hold influential political leaders accountable.

Lawmakers on the Senate Cohesion Committee pointed to recent inflammatory remarks by high-ranking officials, including a sitting governor and several members of Parliament, saying that delays and legal loopholes have allowed tensions to fester.

If passed, the amendment could mark a significant shift in Kenya’s approach to electoral-era cohesion — giving the state’s anti-hate regulator the power to act decisively rather than just document divisive incidents.

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