Home » Win for Ruto as court throws out decision to ban ‘Hatupangwingwi’ phrase

Win for Ruto as court throws out decision to ban ‘Hatupangwingwi’ phrase

by Enock Ndayala

On Friday, April 8, the National Cohesion and Integration Commission (NCIC) outlawed Deputy President William Ruto’s campaign catchphrase ‘Hatupangwingwi.’

NCIC Chairman Samuel Kobia then listed ‘hatupangwingwi’ phrase among the 19 lexicon words that it described as hate speech.

Kobia said that just like ‘Madoadoa’, ‘hatupangwingwi’ is among the words that have the potential to incite violence ahead of the much-awaited 2022 General Election.

On Friday, April 8, the National Cohesion and Integration Commission (NCIC) outlawed Deputy President William Ruto’s campaign catchphrase ‘Hatupangwingwi.’
On Friday, April 8, the National Cohesion and Integration Commission (NCIC) outlawed Deputy President William Ruto’s campaign catchphrase ‘Hatupangwingwi.’

However, on Thursday, July 14, the High Court overturned the decision by NCIC to ban the use of hatupangwingwi phrase during the Kenya Kwanza Alliance presidential campaigns.

In a landmark ruling delivered by Justice Antony Ndung’u, the court determined that the terms do not constitute hate speech.

The court noted that the commission did not follow due process when banning the phrase alongside other words that were classified as lexicon.

 “An order of certiorari is hereby issued quashing the NCIC’s decision made on April 8, 2022, vivid Hatelex: a lexicon of hate speech terms in Kenya banning and or classifying “Hatupangwingwi” and “Watajua Hawajui” phrases as hate speech,” the High Court ruled.

The judge said NCIC did not notify the general public about the intended ban as provided for under Section 7 of the Fair Administrative Action Act, 2015.

The 18-page judgment came after Chama cha Mawakili Limite (CML) petitioned the court to overrule NCIC’s decision arguing that it was discriminatory.

Through lawyers Felix Kiprono and Vincent Yegon, CML urged the judge to grant the order quashing the ban announced by the NCIC, before it swings to institute criminal proceedings against millions of Kenyans who use the two alleged hate terms during this campaigning period.

“The word/terms –hatupangwingwi and watajua hawajui classified as hate terms and or banned by NCIC are aphorisms of freedoms of expressions used by Kenyans and does not amount to hate speech,” Kiprono stated.

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