NCIC finds no fault in Kaluma, Otuoma 'inciting' remarks

Homa Bay Town MP Peter Kaluma after he appeared before the NCIC at Britam Towers in Nairobi. [Edward Kiplimo, Standard]

The National Cohesion and Integration Commission (NCIC) has let off Homa Bay Town MP Peter Kaluma and Busia Governor Paul Otuoma on the grounds that their alleged inciteful comments did not meet the criminal standards threshold.

While delivering their verdict on the two cases, Chairperson Kepha Omae stated that despite the threshold not being met, as a form of punishment, other reconciliatory, restorative and preventive measures would take effect.

Governor Otuoma, who appeared before the commission on statements he made at Bulanda junction allegedly profiling the Marachi community which the commission considered to be a threat.

"The cumulative use of 'Tujue mwenye Busia ndio nani. Sisi ndio tumewapatia hapa wafanye biashara hapa na haisaidii watu wetu. Tuseme watembee. Tuwasalimie',  was threatening and exclusionary," said Omae.

Otuoma who did not contest uttering the statement, claimed that his statement was a response to insecurity and extortion concerns from the 'Marachi boys' group in his defense.

The commission found that this group was not mentioned in the alleged statement and only came up in Otuoma's defense.

While they found that the statements were likely to stir negative hostility against traders and residents perceived to be outsiders, intent to cause ethnic incitement was not established.

"The record does not prove that the respondent's speech caused a particular act of violence," Omae said.

Consequently, Otuoma was directed to withdraw the statement and refrain from endorsing or publishing statements that portray Busia as a county owned by one ethnic group.

He was also directed to clarify that the statements were directed at criminals and not the Marachi community or other residents and traders in Busia.

The commission also directed him to actualize his peace-building commitment.

He has seven days to accept the verdict and 30 days to comply with the directives.

Kaluma landed in trouble after making remarks on the eve of the Linda Mwananchi rally in Homa Bay, allegedly asking residents to deal with anyone who was opposed to President Ruto's re-election.

According to the commission, Kaluma defended his statement as mobilizing residents to protect themselves from criminal attacks of armed persons allegedly hired by Nairobi Senator Edwin Sifuna, Embakasi East Mp Babu Owino and Siaya Governor James Orengo.

 

In the statement, Kaluma allegedly asked the residents to move through hotels where pro-tutam people were residing for the rally, according to a prior intelligence he had received.

 

Kaluma challenged the jurisdiction of the commission to listen to the case but this was quashed.

In their findings the commission agreed to the intelligence stating that the police had also confirmed it.

They said that they however could not determine whether Kaluma's words resulted in the violence witnessed.

"While those events confirm the volatility of the environment, they do not prove that the respondent's audience participated or that he caused directed or was criminally responsible for the acts." said the statement.

The commission found that the language used was ambiguous but intent to cause ethnic incitement was not established.

"The commission evaluates the words as dangerous but does not conclusively refer to criminal or ethnic intent." Commissioner Nguyo said.

As a result, Kaluma was directed to issue a public statement affirming that political differences should be resolved through lawful ways, stating that anyone could champion their political stand without intimidation.

He has also been directed to call upon his supporters not to take action in his own hands and to organize a peace engagement with residents in Homa Bay Town in the next 30 days.

The commission described both verdicts as fair.

"We do not act on sensationalism or emotionalism, instead, we do investigations thoroughly. It's not a walk in the park." said Omae.

Both leaders can seek judicial review in the High Court if they are not satisfied with the verdicts.

The commission also confirmed that Nominated MP Joseph Wainaina appeared before them on Wednesday expressed remorse for his inciteful remarks and committed to retract.