The animal farm? Leaders decry selective fight against incitement

Linda Mwananchi leaders led by Nairobi Senator Edwin Sifuna,Babu Owino and Suba South MP Caroli Omondi address their supporters at Nyandiwa Homabay County. [Sammy Omingo]

That the countdown to next year’s General Election is putting immense pressure on the competing political sides is not in doubt.

In the middle of it all, some leaders have found themselves making utterances that have evoked emotions, with growing calls for political tolerance and respect.

It is also the growing pattern of utterances by a section of politicians that has often left a bitter taste in the mouth of Kenyans, even as concerns are raised over the potential threat it could have on the country if not properly dealt with.

Again, the stark difference and swift response over the manner in which leaders from different political affiliations are treated over utterances they make has raised questions on whether inciting remarks can be fairly dealt with.

Homa Bay Town MP Peter Kaluma is on the spot for reportedly spreading what has been termed as animosity against the Linda Mwananchi supporters ahead of their tour in the county.

Reports indicate that Kaluma, in a meeting with youths, said those proclaiming ‘one term’ for President William Ruto should be ‘passed with’ (attacked) and that hotels would be raided to smoke out Linda Mwananchi supporters.

He also claimed that most of the infrastructure in Homa Bay County was built by President Ruto. "Your Gachagua and Uhuru built nothing here and never cared to know we exist,” posted Kaluma.

This came as Amnesty International-Kenya urged the National Cohesion and Integration Commission (NCIC), the National Police Service, and the Office of the Director of Public Prosecutions (ODPP) to investigate and, where appropriate, prosecute any individuals, including political leaders, alleged to have incited violence, hate, or attacks against political opponents, journalists, or members of the public.

Amnesty’s Executive Director, George Morara, said authorities must demonstrate an unwavering commitment to protecting constitutional freedoms, safeguarding media independence, and ensuring equal protection under the law, as Kenya approaches the 2027 General Elections.

“Impunity for violence and political intimidation has no place in a democratic society. The authorities must act decisively to ensure accountability for all violations. They must uphold the rights and freedoms of every person in Homa Bay and across the country,” Morara said in a statement yesterday.

He said they are alarmed by reports that hired mobs targeted accommodation facilities suspected to be hosting Linda Mwananchi leaders or their supporters for destruction and vandalism.

“We are equally concerned by allegations that the police and other security agencies failed to take timely and effective action to prevent the violence and protect affected persons. These incidents represent a serious threat to the rights and freedoms guaranteed under the Constitution of Kenya, including freedom of expression, media freedom, access to information, freedom of movement, peaceful assembly, political participation, and the right to security of the person,” Morara added.

He demanded an independent review of the conduct and response of security agencies to establish whether there were failures to prevent violence, protect affected persons, or uphold constitutional rights. Accountability is essential to restoring public trust and ensuring that similar incidents do not recur.

As this happened, a section of the opposition was concerned over what they term as an ‘animal farm policy’ where they are hunted down over some of their utterances but those supporting Kenya Kwanza are spared, the magnitude of their remarks notwithstanding.

Yesterday, former Deputy President, Rigathi Gachagua, condemned what he termed as attempts to bring down the Linda Mwananchi group, even as he condemned some of the utterances made over their visit to Homa Bay.

“Somewhere in Mbita in Homa Bay there is a gang that vandalized hotels where Linda Mwananchi supporters were staying, and scores were left injured... The rule of law has been suspended,” said Gachagua, who spoke in Gatundu PCEA church.

Gachagua has repeatedly condemned what he termed as the use of the criminal justice system to manage politics, saying it is synonymous with ‘cowardly regimes’.

According to Gachagua, the selective application of the law is counterproductive, saying the fourth Administration was notorious for using the criminal justice system to suppress dissent and force people to support an unpopular candidate, but that did not work.

“Let me be clear: we do not support incitement from anyone. Every leader has a duty to protect peace and to respect the rule of law. The Constitution guarantees every Kenyan freedom of expression. The law must be applied fairly, not selectively,” he said.

Kirinyaga Women Representative Njeri Maina, who had accompanied Gachagua in Gatundu, said they have watched what happened in Homa Bay with dismay, as Kaluma made remarks against those not supporting the government but has not been apprehended.

“Linda Mwananchi are in Homa Bay, and we have seen what has happened. I saw Peter Kaluma, who is an MP, saying that anyone who will not support the government there ‘apitwe na yeye’, he said such people should be sought even in homes and hotels and be dealt with,” she said.

She called out NCIC, DCI and ODPP for failing to act fast in arresting Kaluma and arraign him in court over his utterances, as it has happened to opposition MPs.

“I want to tell NCIC and DCI, and ODPP: when people talk, you rush to arrest them in less than 24 hours, but Kaluma is still walking scot-free, spreading hate. I want to tell the NCIC chairperson, do the work that you are supposed to; even Kaluma should have been sought by now by the DCI, arrested and arraigned to respond to inciting remarks,” Njeri said.

“Even though we are in the animal kingdom, our constitution, in Article 27 says that every person is equal before the law, so DCI, you arrested Kaguchia; even Kaluma should be arrested and arraigned on Monday,” Njeri said.

Siaya Governor, James Orengo also joined in condemning his Homa Bay counterpart, Gladys Wanga, and Kaluma, among others, saying they have waged a war of division.

“They have talked in a language which sounds like genocide in Rwanda, and they have not been arrested. I’m telling the police that, remember, there was a police commissioner who was taken to The Hague. So if you do not answer for the deaths and what you did to me today (Sunday), I’m going to go to court to deal with the Inspector General; I will not let you go,” he said.

A few weeks ago, concerns were also raised over Health Cabinet Secretary Aden Duale and his Public Service counterpart, Geoffrey Ruku, United Democratic Alliance (UDA) Secretary General, Hassan Omar, and Leader of Majority Party in the Senate, Aaron Cheruiyot, among other Kenyan-Kwanza allied leaders, accused of making inflammatory remarks.

They have all been accused of making inciting utterances, but NCIC and other agencies have been silent, with no arrests made.

Earlier this month, Mukurwe-ini MP John Kaguchia was literally hunted down to a media house accused of making inciting utterances, with several vehicles and officers waiting to arrest him.

“After my Kiririmbi show, a contingent of hooded and masked, heavily armed men with a fleet of Subarus have marooned Royal Media Studios and erected roadblocks with intentions of arresting me! I will not be intimidated whatsoever. Arrests if at all, must be done legally and constitutionally through uniformed policemen,” he posted on his social media platforms.

The use of police to intimidate some leaders has also been condemned, with those in opposition wondering why proper summons for Kaguchia were not issued and subsequent procedural arraignment in court as opposed to making an ‘ambush-like arrest’

Abuse of power has also been questioned, where the opposition MPs said that they are being hunted down by tens of police officers and vehicles, which is a misuse of public resources.

Advocate Ndegwa Njiru, who was Kaguchia’s counsel, condemned the double standards that the Government is employing to arrest a section of leaders, citing intimidation.

“When it comes to hate speech, who is in charge? Is it the NCIC or DCI? Why are they speaking in such a manner and nobody speaks, the NCIC is silent, and we are saying the law must be applied uniformly. We shall defend our democracy and constitution,” Njiru uttered.

“Why are we having double standards? When Duale speaks in a derogatory manner, the NCIC is very swift to inform us that they have issued summons; when Hassan Omar castigates an entire community, nobody speaks, but someone talks in a manner in which he/she expresses in ways people understand, you are whisked away by the DCI,” he added.

Kipipiri MP Wanjiku Muhia also found herself in an almost similar situation in June over utterances she made, and claimed harassment by State operatives, state capture and abuse of the law.

She said her security was withdrawn and claimed that unknown vehicles had been trailing her over remarks she was accused of making while campaigning in Ol Kalou.