NAIROBI, Kenya — The National Cohesion and Integration Commission (NCIC) has admitted that weak legal frameworks continue to frustrate efforts to prosecute politicians accused of hate speech, despite years of public outcry and repeated summonses.
Commissioner Dr. Danvas Makori, speaking on Radio Generation on Thursday morning, said the current law sets an “unrealistically high threshold” for proving hate speech in court, allowing many offenders to escape justice.
“Part of the settlement of Agenda Four under the National Accord was to establish a commission like this to tick a box, but the way the law was created was weak and very intentional,” Makori said.
“They set the threshold for the definition of hate speech very high. If you go to court right now and look at the definition, proving or convicting someone is an uphill task.”
The NCIC was established in 2008 to promote national cohesion and curb ethnic tensions that followed the 2007–2008 post-election violence, which claimed over 1,000 lives and displaced hundreds of thousands.
However, more than a decade later, the commission has faced criticism for failing to secure convictions against political leaders accused of using inflammatory language.
Dr. Makori revealed that efforts to amend the existing law to make prosecution easier have stalled in Parliament for over three years — a delay he suggested was deliberate.
“They would not want us to hold them accountable, so it is a back-and-forth,” he said, implying that MPs were dragging their feet because many of those accused of hate speech are legislators themselves.
Under the National Cohesion and Integration Act, a person commits hate speech if they publish or distribute material that is “threatening, abusive or insulting” and intended — or likely — to stir up ethnic hatred.
The offence attracts a fine of up to Sh1 million or imprisonment for a term not exceeding three years, or both.
However, legal experts have argued that the law’s broad and ambiguous definitions make it nearly impossible to meet the evidentiary standard required for conviction.
According to the NCIC, hate speech includes verbal, written, or visual communication that targets individuals or groups based on ethnicity, race, colour, nationality, or national origin. It can be conveyed through public speeches, social media posts, songs, plays, or digital content.
Despite several high-profile investigations, no Kenyan politician has ever been successfully convicted of hate speech — a failure that analysts say undermines public trust in the country’s commitment to national unity and accountability.
Makori’s remarks come amid renewed scrutiny of political discourse following recent inflammatory comments by senior leaders. The NCIC has pledged to continue pushing for legislative reform to lower the threshold for prosecution and enhance penalties for offenders.
“The fight against hate speech is central to national cohesion,” Makori said. “We must ensure that the law serves justice — not impunity.”
