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"content": "38. Section 13 of the National Cohesion and Integration Act provides that it is an offence for any person to use threatening, abusive or insulting words or behaviour where the person intends to stir up ethnic contempt, hatred, hostility, violence or discrimination. The section also makes it an offence to use such words or engage in such behaviour when, having regard to all the circumstances, ethnic hatred is likely to be stirred up. 39. Besides, Section 62 of the National Cohesion and Integration Act states a person commits an offence when the person makes statements that are intended (or are likely) to stir up feelings of ethnic contempt, hatred, hostility, violence or discrimination. 40. His Excellency Rigathi Gachagua’s persistent inflammatory, reckless, inciteful public utterances over the last two years, the details of which are set out in Grounds 1, 2, 3 and 4 of this Motion, establish serious reasons to believe that he has committed crimes under section 13 (1) and 62 of the National Cohesion and Integration Act."
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