HATE SPEECH or WITCH HUNT?

Well, Dr Mzalendo Kibunja is finally biting! The newest news on the NCIC bulletin is that three musicians were arrested on accusations of inciting violence. The three allegedly (wrote) sung songs which are tantamount to incitement. As they are wont to do, the three musicians have denied any intention to incite violence. Well, that may be taken differently depending on the side of the coin you see, but i know one thing, Dr Mzalendo is slowly losing the grip. The term hate speech refers to any speech, conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against a protected individual or group, or because it disparages or intimidates a protected individual or group. A protected individual or a protected group refers to race, gender, ethnicity, disability, nationality, religion, sexual orientation or gender identity.

Anyone who has had the opportunity to listen to the subject lyrics would incline to agree with me that there is nothing in those songs that is hateful or inciting to a particular ethnic group. In fact, the songs are laden with praise calls on a particular presidential candidate from the musicians backyard. It happens almost in every tribe. Since time immemorial, songs have been composed in praise of popular leaders, with or without their consent, and that is simply the deal here. It is not lost on us, that the NCIC term’s is about to end, and ordinarily this should be a cause enough to set them into some actions and business, which may as well see their terms renewed. The NCIC is running scared of the future and they have started biting aimlessly. There is nowhere in the songs where one can deduce concrete evidence of hate speech against a protected individual or group. It is all abstract!

Before treating Kenyans to some theatrical scenes, calculated to persuade the citizenry that they have been working, perhaps they should first answer the following important question: when exactly does hatred towards an individual become hatred towards a tribe? Expressions of hurt and anger at one, are mainstays of many a popular songs, but when does such music turn into hatred at a class of persons? Furthermore, even if hate songs are directed at a specific individual, the likelihood is that that individual will not be known to the audience of the song. If recalled, the songs' subject, Raila Odinga, does not qualify in the definition above, as a protected individual, least of all, an ethnic group, but one who set out on his own will to be a public leader, and as such, any reasonable probe on the said figure, and by the public should be welcomed by all. And to this end, the artists probe has not been unreasonable, and is therefore justified. They must not, in anyway be gagged or made to feel intimidated. Clearly, therefore, NCIC’s Mzalendo Kibunja has no business to seek to intervene on a matter that is otherwise private and to an extent, personal in nature!

Any victim of hate speech, other than the protected group should be encouraged to seek redress elsewhere under civil, criminal law, or both, without necessarily dragging along the NCIC. That beside the point, it should not escape us that the subject of the songs has not considered the songs to be inherently objectionable, and even if he chose to object, then my counsel to him would be to institute a civil action against the artists, as opposed to using public institutions like NCIC on matters this nature. Otherwise I highly doubt whether the Agikuyu would be swayed into voting in a particular way or to say the least, incited by any subtle lyrics of whatever nature into hating another Kenyan, and if by any chance, if the artists intended this, then their supposed message are bound to be shunned and ignored since the Agikuyu are an enlightened, peace loving and tolerant lot.

Having said this, NCIC and other public office holders, including all public commissions must not, therefore, allow themselves to be used in settling political scores, especially as we head to an election year. Their decisions and deliberations must be informed by the need to live in cohesion and unity which is a true spirit of our nationhood as a country. Anything short of that, then their actions may turn out to be counterproductive, and may end up fueling animosity rather than promote cohesion amongst the various ethnic groups. Similarly, politicians including organizations such as LSK must also avoid overbearing this commissions with matters that may be interpreted in some quarters, as intended to serve vested political interest and settle scores. If for instance any musician hauls obscenities, or their songs are explicit, then it’s incumbent upon the aggrieved to seek redress elsewhere, and not to run to these public commissions, for redress.

You can imagine the logistical as well as financial challenges these frivolous appeals are bound to bring to the underfunded NCIC. At this rate, NCIC may soon rather than later, find itself in a similar situation currently bedeviling the IEBC whereby they are forced to fight numerous court cases as a result of poor decisions arrived at by her predecessor who opted to rely on self serving political interests.