Lobby Group Moves To Court To Challenge NCIC Move To Classify ‘Hatupangwingwi, Watajua Hawajui’ As Hate Speech

NAIROBI, Kenya, Apr 12- The decision by the National Cohesion and Integration Commission (NCIC) to classify hatupangwingwi and Watajua hawajui as hate speech has attracted a litigation after a lobby group moved to court.

The lobby group, Chama Cha Mawakili wants the decision by NCIC to be quashed.

They argue such a move would amount to curtailing the freedom of expression by Kenyans, saying there is no way the two terms amount to hate speech.  

They group through their lawyer Felix Kiprono moved to court through a certificate of urgency filed at the Milimani Law Courts Nairobi.

“That Leave be granted to the Exparte Applicant herein to apply for an order of certiorari directed at the respondent, quashing the Respondent’s decision made on 8th April,2022 vide Hatelex: A lexicon of Hate Speech Terms in Kenya banning and/or classifying “Hatupangwingwi” and “watajua hawajui” as hate terms,” read the application in part.

 Kiprono claims that the process leading to the decision aforesaid is grotesquely flawed, irrational, illegal, unconstitutional, and amounts to abuse of power by the Respondent.

“The words/terms being “Hatupangwingwi” and “watajua hawajui” purportedly classified as hate terms and /or banned by the Respondent are aphorisms of freedom of expression used by Kenyans and well protected by Article 33 of the Constitution and does not amount to hate speech and/or or any other negative connotations,” the applicants said in their suit.

Several other words like Kihii, Uthamaki ni witu, Mende and Madoadoa were also classified as hate speech.

Hatupangwingwi is associated with one of Kenya’s top songs, that has been used in by Deputy President William Ruto during his presidential campaigns.