Freedom of expression and the legal framework for hate speech in Kenya: an in-depth analysis of regulation and enforcement

Abstract

In this paper, I delve into the landscape of hate speech regulation in Kenya, specifically focusing on the potential collaboration between the National Cohesion and Integration Commission (NCIC) and the Kenya National Commission on Human Rights. By examining the existing legal frameworks, organisational structures, and the impact of joint oversight on combating hate speech, I aim to provide a thorough analysis of empowering the NCIC in this realm. Through exploring the historical context of the NCIC, evaluating its readiness for expanded responsibilities, and gauging public perceptions of collaboration, I seek to shed light on the feasibility and implications of such a partnership. Drawing insights from South Africa, the United Nations Hate Speech Strategic Plan, and advocating for a human rights approach to countering online ethnic hate speech, this paper endeavours to enhance accountability in the criminalization of hate speech in Kenya.