Analyzing hate speech as a limitation of freedom of expression in political speech

Abstract

The concept of limitation of speech in a democratic pluralist society based on equality poses complex questions. The ability of one to express political speech by speaking freely is key to self-realization and is a right that is not granted by the state but is inherent virtue of the fact that one is a human being. Therefore, every person is legally guaranteed the freedom of expression in political speech. Owing to our political history and historical injustices caused by use of hate speech by both government and individuals, an example being the 2007 post-election violence, The Kenyan Constitution lists Hate Speech as a limitation of speech. It further confers power to legislative bodies to determine its scope and how to implement the provision through sub legislating: The National Cohesion and Integration Act (NCI). Being a democratic state based on equality persons can participate in their own governance though the exercise of speech. The question then is whether Governments should have power over this expression? If we do give government power over our political speech how then do we ensure that they do not abuse the power?