Kenya is really a state on the
path of positive transformation. Apparently, and much to the relief of most
citizens, hate speeches can no longer be tolerated nor condoned. It turns out
that even recording songs that carry messages that could easily be misconstrued
as an incitement to sections or the entire public, will not augur well with the
relevant authorities. The release of such songs, the citizenry has learnt,
comes at much too high a cost.
Musician Kamande Wa Kioi when he was taken into police custody following his controversial song. |
As I write this article, a
famous Kenyan musician is warming the cold floors of a police cell. Thing is,
he recorded and released a vernacular song that supposedly carries an
incitement message. The said mantra praises Deputy Prime Minister Uhuru
Kenyatta while it tells off Prime Minister Raila Odinga. Both are presidential
aspirants in the upcoming general election.
Kenya’s National Cohesion and
Integration Commission (NCIC) felt that the song would fuel ethnic hatred. The
commission set out to have it translated so that they could come to terms with
the full magnitude of ethnic vulgarity carried in it. This was followed by the
subsequent arrest of the musician, as it turned out the song’s wording bordered
on offensive.
National Cohesion and Integration Commission chair - Mzalendo Kibunjia; the commission has set out to crack the whip on songs that contain inciting messages. |
Two other musicians have also
found themselves in a sticky situation with the law. They too are under
investigation for recording and releasing songs that allegedly carry incitement
messages. As soon as the National Cohesion and Integration Commission verifies these
concerns, they will be joining their colleague as guests of the state.
Musician John De' Matthew - He is under investigation over incitement and hate speech allegations in his song |
Musician Muigai Wa Njoroge - He is also under investigation and risks trial if he's found with a case to answer. |
The trio could face charges of
incitement and hate speech, counts that attract hefty sentences and cash fines.
You will agree with me, seven years as a guest of the state is no mean exploit.
Cash fines could spiral as high as well over one million Kenya shillings. In a
worst case scenario, a guilty verdict could see them slapped with both the jail
term and cash fine. If that is not an expensive affair, I really don’t know
what is.
As the democratic space in
Kenya widens, citizens are reminded that abuse of the same could prove to be a
curse rather than a blessing. The freedom of speech that is provided for in the
new constitution should be used for national cohesion and integration. Respect
for the rule of law cannot be overemphasized. No single person is above the
law, be they rich or poor. No tribe is better than the other, all are equally
important. And after all is said and done, we will remain citizens of Kenya.
As I pen off, I heartily
applaud his Excellency the President for rejecting bills that did not reflect
the wishes and views of the country’s majority. That said, I move on to express
optimism that indeed better days lie ahead for Kenya. The journey of a thousand
miles in the right direction starts with one step. This was indeed one of
those; steps I mean!