Minister summoned afresh for hate speech charge

Chirau Ali Mwakwere. Photo/FILE 

By Nation Reporter
Posted  Monday, August 27  2012 at  10:30

In Summary

• Minister Mwakwere is accused of reportedly engaging in hate speech during campaigns for the Matuga by-elections in 2010

A Nairobi magistrate has issued fresh summons to Environment Minister Ali Chirau Mwakwere to appear in court on August 31 for hate speech charges.

Senior Principal Magistrate Lucy Nyambura issued the summons Monday Morning.

The charge follows complains by the National Cohesion and Integration Commission (NCIC) to the Director of Public Prosecution (DPP) that Mr Mwakwere engaged in hate speech during campaigns for the Matuga by-elections in 2010.

The minister, who was fighting for the seat after a court nullified his election, allegedly told voters that indigenous Coast residents were being oppressed by Kenyans of Arab descent.

The allegations prompted the NCIC to investigate the minister for hate speech. The commission also supplied evidence against him to the DPP’s office.

Mr Mwakwere moved to the Constitutional and Human Rights Division of the High Court, alleging that the investigations were an affront to his freedom of expression.

He defended his remarks, saying he was only reminding coastal people of the historical injustices they had suffered

But Justice Majanja disagreed and ruled that it was up to the DPP to investigate if what the minister uttered constituted hate speech.

The Judge added that the Constitution protected rights and fundamental freedoms, including freedom of speech.

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NCIC subsequently agreed that the allegations against the minister be resolved through reconciliation between him and the complainants, the Muslim for Human Rights.

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