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"content": "It is not about quantum or about substantiating only one charge out of ten charges. I have listened with deep shock and sorrow to some of my colleagues trivializing something called hate speech. It seems like Kenyans never learn. Some things that appear casual and routine are things that can bring great discontent and civil disorder in our society. Mr. Speaker, Sir, Section 3 (a) of the National Cohesion and Integration Act says:- “For purposes of this Act, a person discriminates against another person if on ethnic grounds, he treats that person less favourably than he treats or would have treated other persons.” Section 13 of the same Act says:- “A person who— (a) uses threatening, abusive or insulting words or behaviour, or displays any written material; (b) publishes or distributes written material; (c) presents or directs the performance the public performance of a play; (d) distributes, shows or plays, a recording of visual images; or (e) provides, produces or directs a programme, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.” In other words, the intention is there, but there is also the likelihood test that this Section talks about. Mr. Speaker, Sir, finally, Section 62 (1) of the same Act says:- “Any person who utters words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or both.” As I have said, this is not a court of law or criminal trial. I am satisfied that any person holding the office of a public officer in the Republic of Kenya, who publicly directly or indirectly suggests that any other person who is in a certain part of the country ought not to be there, breaches the law and if he is a public officer of impeachable categorization, he must be impeached. Mr. Speaker, Sir, with those few remarks, I beg to support."
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