When it is civil to insult the President
What you need to know:
- However, the problem with insults is that it is the police and the courts that decide whether words or ideas are insulting.
- We can safely let Boni Kalwale, or even better, Moses Wetangula, to coordinate the national day of Presidential insults. In their absence, James Orengo, Ababu Namwamba or Omar Hassan can step in.
Have you been insulting the President lately? In Africa we do not allow gratuitous insult of leaders and elders.
But times have changed. Britain, the colonial power that gave us a raft of laws to punish insults, has now purged section 5 of its Public Order Act 1986 so that the use of insulting words or behaviour is no longer a crime used to curtail freedom of speech.
Our Penal Code is still peppered with insult offences and has four separate insult offences, including insulting a foreign dignitary. The punishment includes fines and jail. The Evidence Act, Trespass Act, National Assembly Powers and Privileges Act, and Prison Code of Regulations, also have provisions against insults.
Criminalising insulting words or behaviour encroaches on freedom of expression. It is true the Constitution says that freedom of expression does not extend to hate speech or vilification of others, that in the exercise of the right to freedom of expression, every person is required to respect the rights and reputation of others.
However, the problem with insults is that it is the police and the courts that decide whether words or ideas are insulting. There are no clear guidelines. In any case, when they do not lead to incitement or violence, should insults be criminalised? Is the law of defamation not adequate?
Insult laws should not be used to protect public officials from robust criticism, or from feeling hurt.
REPRESSED FEELINGS
In Africa, though, we remain sensitive to insults. The Bible has some good lessons. For those who insult, Proverbs 12:18 is instructive: “The words of the reckless pierce like swords, but the tongue of the wise brings healing.”
For those who are insulted Proverbs 12:16 is helpful: “Fools show their annoyance at once, but the prudent overlook an insult.”
But experience shows that when it comes to insults, many of us will not heed the Good Book. Maybe we should just set aside a day when we can all insult the President—like the day Uhuru Kenyatta was circumcised. I don’t know the date.
It will have a great catharsis value by bringing out repressed feelings and fears. Maybe President Kenyatta was right when he said insults will not add food to Kenyans. But such a day will add to our fun and amusement.
Outside that date those who insult the President should be shot, beaten up, and shot again.
We can safely let Boni Kalwale, or even better, Moses Wetangula, to coordinate the national day of Presidential insults. In their absence, James Orengo, Ababu Namwamba or Omar Hassan can step in.
They can use the Raila singsong dance tune without running the risk of being accused of violating copyright.
Maybe it could become a nation-wide trending topic with the hashtag #NationalDayofInsults. For starters, I suggest: “Hello Mr President, Jomo was circumcised in 1913 at the cold waters of Nyogara stream near Thogoto. Which river did you go to, and when?”
