Deputy President William Ruto’s hustler movement has suffered a set back following punitive measures put on holding public rallies amidst rising tension in the country.
Social media users and politicians face fines of up to Sh1 million or five years in jail for hate speech and holding meetings without notifying the police.
Conveners and attendees of all public gatherings or public processions are now required to notify the Officer Commanding Station (OCS) of their intentions at least three days in advance, according to the resolutions of a National Security Advisory Council (NSAC) meeting yesterday.
The NSAC in a statement read Head of Public Service Joseph Kinyua said social media users will be held individual liable for all content on their profiles.
Administrators of social media platforms are duty bound to moderate and control undesirable content and discussions that have been brought to their attention on their platforms.
The NSAC said it was concerned with the heightened political activities and their implications on national security.
The meeting took place amid a charged political environment that has seen a rise in incitement in political forums and social media.
“The situation is increasingly polarising the country… and derailing government transformative economic agenda,” Mr Kinyua said at the steps of Harambee House, which hosts the offices of the President and the Deputy President.
Those in breach face fines of up to Sh1 million or three years for hate speech while those found to have incited ethnic or racial hatred will be fined Sh1 million or five years in jail.
Social media abusers will face up to one year in jail. Sections 13 and 62 of the National Cohesion and Integration Commission (NCIC) Act, 2008, bar speeches, utterances and messages that contain offensive, abusive, insulting, misleading, confusing and obscene language.
“A person who uses threatening, abusive or insulting words or behaviour, or displays any written material, publishes or distributes written material… commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or both,” the law states.
The NSAC also invoked provisions of Section 5 of the Public Order Act that prohibits holding of public meetings or a public procession except with express permission from the police.
“In this regard, NSAC hereby directs the relevant security organs to enforce these directives without fear or favour to the offenders, regardless of their economic standing, ethnicity, religion and political association and status,” Mr Kinyua said.
Chaos erupted in Kenol, Murang’a on Sunday after two rival groups clashed ahead of Deputy President William Ruto’s visit for a church fund raiser, leaving two people dead and scores injured.
Last month, similar chaos was witnessed in Kisii County where Mr Ruto addressed a youth meeting to popularise his so-called ‘Hustler’ movement.
Critics have accused the Deputy President of engaging in early campaigns for the presidency with close to two years before 2022 elections.
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The NCIC Act and the Public Order Act contains provisions that require conveners and attendees of all public gatherings or public processions to notify the Officer Commanding Station (OCS) of such intent at least three days but not more than 14 days before the proposed date of the public meeting or procession.
The organisers are required by law to be present throughout the meeting or procession and aid the police in keeping peace and order at the meeting or procession, bind themselves to be peaceful and non-violent and keep to the designated places of public meetings or processions.
“That all persons who elect to address any public meeting and procession shall be bound by the legal penalties and obligations set out in sections 13 and 62 of the NCIC Act, which provisions bar speeches, utterances and messages that contain offensive, abusive, insulting, misleading, confusing, obscene or profane language,” Mr Kinyua said.
“All social media users shall ensure that their content is written in a language that avoids a tone and words that constitute hate speech, ethnic contempt, and incitement to violence, harassment, abuse, defamation or intimidation.”
