Hate speech: MPs put on defence

Chief Magistrate Gilbert Mutembei ruled October 25, 2011 that Kuria MP Wilfred Machage (right), his Mt Elgon counterpart Fred Kapondi (centre) and businesswoman Christine Nyagitha Miller (left) have a case to answer on hate speech and incitement charges. PAUL WAWERU

Two Members of Parliament and a businesswoman have been put on their defence over comments they made during the 2010 referendum campaigns.

Chief Magistrate Gilbert Mutembei ruled that Kuria MP Wilfred Machage, his Mt Elgon counterpart Fred Kapondi and businesswoman Christine Nyagitha Miller have a case to answer on hate speech and incitement charges.

The three are accused of making speeches meant to stir up ethnic hatred during the Constitutional referendum campaigns held last year.

Dr Machage is facing four counts of incitement and uttering hate speech during last year’s campaigns against the new Constitution.

He is accused of saying the words "WaMaasai chenu hakiko Rift Valley, mashamba yenu yote yataenda kwa serikali." (You the Maasai, all your land in Rift Valley will be repossessed by the government).

He allegedly made the remarks during the launch of the 'No' secretariat at Nairobi's Upper Hill on June 10 2010, and was subsequently suspended as Roads assistant minister after being charged in court.

Mr Kapondi's is said to have uttered the words in Kiswahili: "As you all know, Trans Nzoia is ours yet they claim it is metropolitan. Likewise to Bungoma you can tell even by the name, we inform them that with the passage of the proposed constitution, they must pack up and go."

Ms Nyagitha, widow of former Chief Justice Cecil Miller, is accused of saying in Kiswahili "Why hasn't the 'Yes' camp visited Central (province)? It is because they know at Githunguri we will pelt them with stones and tell them this is a 'No' zone."

They have denied the offences but in his ruling, Mr Mutembei said that the three are liable for the statements they made.

The chief magistrate said that after considering all the evidence adduced in court by the prosecution, he found out that all the accused has a case to answer.

“I therefore accordingly put each accused person on his or her defence,” ruled Mutembei.

The three were arraigned in court in June last year charged under the National Cohesion and Integration Act, which Parliament enacted in December 2008 to curb ethnic hatred.

If found guilty of the charges, Dr Machage could face up to 12 years in jail or a fine of Sh4 million. Mr Kapondi could be jailed for 3 years or a Sh1 million fine while Ms Nyagitha could be jailed for five years without the option of a fine.

According to the National Cohesion and Integration Act (2008), making a hate speech that stirs ethnic hatred attracts a maximum Sh1 million fine, or three years in jail or both. Incitement to violence attracts five years imprisonment without the option of a fine.

The case is scheduled to be mentioned on November 11 to set a hearing date to commence the trial.