Chief Justice Willy Mutunga was blunt in his assessment of the
possibility that the 2017 election may be marked by large-scale
violence.
In his address to members of civil society he
warned, correctly, that the country was staring at grave danger because
of the drumbeats of incitement being sounded by members of the
political class.
This is a timely warning but it will serve little purpose if it is not followed by concrete action.
There
is no question about it. In recent weeks and months, the nation has
seen members of the political class — across the political divide —
engaging in a campaign of intimidation and incitement with a ferocity
that was last seen around the contentious 2005 constitutional referendum
and in the run-up to the ill-fated 2007 presidential election.
One
of the most alarming aspects of the situation is that the politicians
have not been content merely to engage in speech bordering on
demonisation of groups, they have actually incited supporters of the two
main political alliances to prepare for violence.
Everybody
that was in Kenya during the carnage that followed the 2007 election
will understand the danger of the use of force as a tool of political
mobilisation.
SOCIAL COHESION
Hundreds of Kenyans lost their lives, hundreds of thousands were displaced and numerous others were injured and maimed during that disastrous two months before a peace deal was signed.
Hundreds of Kenyans lost their lives, hundreds of thousands were displaced and numerous others were injured and maimed during that disastrous two months before a peace deal was signed.
One post-election crisis was enough. All those with the power to prevent future violence must ensure this is done.
No sane Kenyan would want the country to ever sink to those depths in future.
Part
of the extensive peace-building infrastructure adopted after the
debacle, which was the 2007/8 election cycle was the adoption of
instruments such as the National Cohesion and Integration Commission
(NCIC).
It is true that the body’s first aim should be
to build social cohesion above all rather than to take up adversarial
prosecutions.
But just as with the wave of corruption
that has hit so many institutions, when clear offenders are not
punished, this breeds a climate of impunity and promotes the dangerous
speech that has now become common place.
It is
essential that the NCIC act is amended to broaden the definition of
offences because, narrowly defined, hate speech as an act of incitement
against groups is difficult to prove due to the coded language used by
politicians.
Above all, robust prosecution of offenders
with an even hand, whether they be in government or the opposition and
no matter their position in society, will help to quieten this most
dangerous and rising drumbeat of incitement that has become commonplace
among the politicians.
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