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"id": 448063,
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"content": "ethnic incitement, vilification of other persons or community or incitement to cause harm. Further, the Kenya Information and Communications (Amendment) Act, 2013, outlines the airing of hate speech or material that may incite ethnic violence or propaganda war in the country. The ICT sector law obligates broadcasters to provide responsible and responsive--- In light of the foregoing, the Authority hereby wishes to call on the broadcast media to carry out their mandate of providing information, education and entertainment within the perimeters of the law, failure to which we shall be forced to take the necessary regulatory action, including withdrawal of frequencies from the offending stations.” Mr. Deputy Speaker, Sir, if you read this statement in full, it essentially means that the Communications Authority of Kenya was issuing this order to legitimize limiting of rights on the basis of a speculative transgression. This is because they were speculating on what was going to happen in the rally, which really is contrary to the Bill of Rights. If, indeed, we are going to intimidate broadcast houses and the media, when politicians are going to be around the country, we forget that there are courts of law and laws that can follow individuals after they have committed a transgression. No order should be given speculating somebody’s behaviour in the next one hour. This is the kind of thing that led the media houses to take a lot of caution in what they are doing, because they did not know exactly what kind of evil would visit them after that event. As it turned out, anybody who followed the discussions at the rally will realize that there was nobody who transgressed the law. If, indeed, there was somebody who transgressed the law, the law and the courts are there to follow them. Therefore, I would say that these kinds of actions by State organs are contrary to the Constitution. We must faithfully and filially defend our Constitution, particularly the Bill of Rights. Mr. Deputy Speaker, Sir, this circular from the Communications Authority of Kenya, with the overt knowledge of the Cabinet Secretary, was definitely unconstitutional. The fact that I am Luo is a fact and cannot be changed. If, indeed, I get advantaged of being a Luo to be appointed to an office, that has to be proved. When that is stated in the public, that does not become hate speech. We must distinguish between facts and hate speech. What we are actually bordering on now, is for some State organs to muzzle freedom of speech on the basis of the fact that they do not want to listen to some information from some people, which is factual. This is the kind of thing that we must guard against. One of the reasons I brought this Motion to this House is that I see a trend which is reminiscent of nascent fascism. This is because fascist societies tend to begin like this. They make the State and certain institutions sacred. They also make individuals fear that in the event that they commit a crime, that crime is not committed, in fact, but in speculation---. Indeed, when I was a lecturer at the University of Nairobi, this is what we suffered during the Nyayo Regime. I remember one day we were going to demonstrate against the British sale of arms to South Africa as well as the assassination of Walter Rodney, the Professor from Guyana. It was anticipated that the demonstration was going to lead to chaos. When the demonstration took place peacefully, and we did address a rally in front of the law courts and went back to the university peacefully, everybody was surprised. The Daily Nation wrote an editorial the next day praising university lecturers and students for having held a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}