Two Lawyers in Court to Stop NCIC Ban of ‘Hatupangwingi’ and ‘Watajua Hawajui’ Phrases

Two lawyers have sued the National Cohesion and Integration Commission (NCIC) over its decision to ban the use of the words ‘Hatupangwingi’ and ‘Watajua Hawajui’ in political rallies ahead of the August 9th elections.

Felix Kiprono and Vincent Yegon, acting on behalf of the Chama Cha Mawakili, argue that the two words do not amount to hate speech as alleged by NCIC.

They further aver that the commission overstepped its mandate and should refrain from interfering with politics.

“The respondents in purporting to classify and ban the said words without any lawful justification has acted ultravires, taken sides and descended into the arena of politics,” read the petition filed at Milimani law courts.

In the petition filed under a certificate of urgency, the lawyers want the court to stop NCIC from implementing the ban, arguing that it amounts to an infringement of freedom of expression.

“Unless the court intervenes by restraining the respondent from implementing the decision aforesaid to the extent of including “Hatupangwingwi” and “watajua hawajui”, there is a real likelihood that the Rights of Kenyans to freedom of expression and human dignity will be curtailed without a just cause.”

They noted that NCIC has no power within the National Cohesion and Integration Act of 2008 to come up with a lexicon of hate speech terms.

“The respondent thus exceeded the authority conferred to it by law in making the impugned decision,” the petition adds.

Sipangwingwi was among a list of 25 words that the NCIC classified as coded messages that can be used to trigger ethnic hatred ahead of the August 9th elections.

Other terms in the list include Madoadoa, watu wa kurusha mawe, kaffir, kwekwe, mende, kama noma noma, kama mbaya mbaya, and kihii.