The National Cohesion and Integration Commission (NCIC) has said it will not launch investigations into alleged hate speech or incitement based solely on viral social media clips, insisting that formal complaints must first be lodged before any inquiry begins.
The commission said the approach is intended to protect the integrity of investigations at a time when manipulated and AI-generated content is becoming increasingly difficult to distinguish from authentic recordings.
Formal complaints required before investigations begin
Speaking to journalists on Tuesday, NCIC Chairperson Bishop Dr Kepha Nyamweya Omae said the commission is bound by legal procedures and cannot act simply because a video has gained traction online.
“Before we carry out any investigation, it is important for Kenyans to know there has to be complaints. You don’t begin to act on TikTok clips,” Omae said.
He added that investigators must first establish whether material circulating online is genuine before opening a case.
“Until someone raises a formal complaint, it puts us in a very awkward situation because we don’t know whether the clip that was sent was AI-generated. We have to be sure it is a legitimate complaint,” he said.
The remarks come as political rhetoric intensifies ahead of the 2027 General Election, with the commission warning against inflammatory language and ethnic incitement.
Ten prominent leaders under NCIC scrutiny
NCIC confirmed that it has already received formal complaints involving ten prominent public figures whose remarks are now under review.
Those named include former Deputy President Rigathi Gachagua, Health Cabinet Secretary Aden Duale, Public Service Cabinet Secretary Geoffrey Ruku, Busia Governor Paul Otuoma, Mandera Deputy Governor Ali Maalim Mohamud, Sirisia MP John Waluke, Wanjiku Muhia, David Gikaria, Tipape Naini Musa and Dr Dennis Adison Ouma.
According to the commission, its Investigations and Compliance Department is independently examining statements attributed to the individuals to determine whether they breach laws on hate speech or ethnic incitement. It stressed that no public official or political leader is above the law.
NCIC also urged political leaders to discourage the mobilisation of goons at political gatherings and instead promote peaceful engagement as campaigning gathers pace ahead of the next election.
Gachagua defends remarks as figurative
Among the most closely watched cases is that of Gachagua, who is under scrutiny over his “kill the snake and its eggs” remarks.
The former deputy president has rejected suggestions that his comments amounted to hate speech, arguing that they were figurative and referred to defeating President William Ruto and his allies through the ballot.
“Sisi tuseme hatuna hate speech, sisi tunatumia figurative language kwa sababu sisi ni wanafunzi wa literature. Kumuuwa nyoka ni kufukuza William Ruto kwa kura, kuuwa mayai ni kufukuza wafuasi wake wote kwa kura. That is what we mean,” Gachagua said during an event in Meru on Tuesday.
He has also challenged the commission to formally summon him if it intends to pursue the matter.
The commission’s position highlights the legal threshold required before investigations can begin, while reflecting growing concerns over the spread of manipulated digital content and increasingly heated political discourse as Kenya moves towards the 2027 General Election.
About the Author
