It is unfair to jail small fry for hate speech while big fish go scot free

There was a time when you wouldn’t be jailed for hate speech in Kenya. That’s probably what Alan Wadi Okengo thought when he said some particularly saucy things about President Kenyatta in December.

Turns out you can actually get dragged before a judge and get convicted for hate speech, as long as you’re really inconsequential and unknown.

Granted, Section 13 of the National Cohesion and Integration Commission Act outlaws the use of “threatening, abusive or insulting words, acts or materials to stir up ethnic hatred”.

The Moi University political science student, also known as Lieutenant Awadi, was definitely afoul of that law with his posts.

Wadi definitely needs to answer for something, but only for his evident inability to construct a coherent sentence. A separate charge for misuse of exclamation marks would not be too far off the mark either.

At best, this not-so-gentleman is an irritant. I would be surprised if he was even considered an opinion leader in his class. He’s just the inevitable by-product of cheap phones and even cheaper Internet access — every bad speller with a half-formed opinion can now broadcast it.

But his supposed “trial” was a farce, hastily done as it was and without any legal representation for him.

There are even claims that lawyers retained for his defence by friends and interested parties were unable to reach him. Notably, Milimani resident magistrate Ann Kaguru didn’t take into account his plea for mercy, offer to apologise to the president or even his defence that he was “mentally disturbed” at the time he made the post.

Alright, maybe he’s unhinged, but there are other institutions for that outside the purview of the Prisons Department.

Even better, Wadi’s arrest also represents a level of efficiency and accuracy that I didn’t think our police service was even capable of!

He was caught while attempting to sneak out of the country on foot at the Busia border post. Just last week, I walked right past that same border post into Uganda carrying a rucksack and nobody even bothered with me.

An hour later, my small party and I walked right back into the country with the same rucksack, roasted maize and the obligatory banana bunch all conspicuously displayed and still nobody even turned in our direction.

Yet the authorities were somehow able to spot a university student casually walking across the border like thousands do everyday and detain him!

He was quickly moved to Nairobi, booked at the Muthaiga Police Station and duly presented in court, in a fine illustration of what the law enforcement and justice systems can be.

His apology wasn’t considered, even though that’s all then environment minister Chirau Ali Mwakwere needed in 2012 to have his hate speech charges dropped. The political class took note.

Some of the most foul-mouthed, hate-spewing politicians also seem to be the most popular today. Though charges have been preferred against both Machakos Senator Johnstone Muthama and Gatundu South MP Moses Kuria, they are both still free. Until a politician goes to jail for the silly, provocative things they say every day, this is all a waste of time.

Though the NCIC chairman, 12 commissioners and their staff have blown our taxes since 2008, they have failed 100 per cent. Wadi’s is the first hate speech conviction in six years, so what exactly have they been doing?

Keeping the NCIC is only slightly worse than throwing money into a bottomless pit and it should be disbanded. Even in a country with a history of pointless commissions, this one is plain embarrassing.

Everybody who works there should be embarrassed every time they take another salary from the long-suffering Kenyan taxpayers.

This will only gain credibility when hate speech laws, the Penal Code and various other pieces of legislation are used to nab bigwigs for careless utterances. Anything short of sending obviously irresponsible politicians to jail is pointless.

It also smacks of a brazen assault on either legitimate freedoms or dissent. Wadi’s posts were intolerant, but so has the government been in coming down hard on him.

He was a low-hanging fruit and was used to score a cheap shot. The people whose job it is curb hate speech take a victory lap while the real dangerous speakers remain free.

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Try realistic resolutions this year

FOR THREE YEARS NOW, I’ve been meaning to learn the guitar. And for three years I have failed to do so. This year, I’m only resolving to hold a guitar in my hand at least once.

It doesn’t have to be mine and I don’t even have to hold it right, I just need a guitar in my hand for a short time. Basically, I’m adjusting my resolutions to realistic levels.

I’m done with pretending I’m going to turn into Bruce Springsteen in one calendar year — it’s never going to happen.

The year is still brand-new so you still have plenty of time to downgrade your grand resolutions to something more manageable.

Or not to make resolutions at all. Let’s face it, nobody who resolves to do so in January is still actively attending the gym by March.

Life is hard enough as it is, so there is no need to put extra pressure on yourself by making resolutions you won’t stick to.

Instead of planning to go back to school to do your master’s degree, just plan to read one book during the year. How hard can that be? Live a little!

Prepare for the 72 days of January!

JANUARY has a way of dragging on and on and on. Part of the problem for the employed is that you’re almost always paid before Christmas, and given a week or two off.

So you have money that you haven’t earned yet and time to spend it. So, we all go wild over Christmas then get surprised when the New Year comes along with bills, school fees and expired insurance policies.

For those in enterprise, I gather business tends to dry up in January as clients draw up budgets or get over the holiday season. I guess what I’m saying is that January is a great time to be a shylock.

Or to be a bank, depending on your favourite form of slavery. I wish you fortitude during these trying times and hope you survive the 72 days of January — only to do it all over again next year.

Madowo is the Technology Editor at NTV. Send your feedback to him at [email protected]