The National Cohesion and Integration Commission (NCIC) has dismissed claims that it has been slow to deal with alleged hate speech and incitement, saying it cannot open investigations based on social media videos alone and must first receive formal complaints before taking legal action.
Speaking to the media on Tuesday, July 28, NCIC Chairperson Kepha Omae said the commission has now started investigating several cases after receiving official complaints from members of the public. He said every investigation must be handled within the law to ensure any case taken to court is backed by credible and verified evidence.
Omae said the growing use of artificial intelligence and digital editing has made it risky to rely on videos circulating online without first confirming their authenticity.
"Before we carry out any investigation, it's important for Kenyans to know there has to be complaints. You don't go out there and begin to act on a TikTok clip which has been sent. We are an institution that believes in due process," Omae said.
He explained that the commission cannot summon or charge any individual without first confirming that the complaint is genuine and supported by evidence.
"We have to be sure that it is a legitimate complaint that has been sent to us. When you call upon a political actor or any Kenyan who has breached the law, you must have evidence," he added.
Addressing concerns that the commission had delayed taking action against politicians accused of making inflammatory remarks, Omae said NCIC only launched investigations after receiving official complaints from the public.
He noted that every complaint goes through a detailed investigation process, including collecting evidence on the ground and preparing documentation that can stand scrutiny in court.
"Those complaints have begun coming, and on the basis of that, we have launched investigations. These investigations take a process. We go to the field, gather information and properly document it because by the time we are going to court, we must have a watertight case," he said.
He added that once NCIC completes its initial investigations, it works together with other government agencies through multi-agency teams to strengthen the cases before recommending prosecution.
Omae maintained that the commission's work is guided by the National Cohesion and Integration Act and established legal procedures, not political pressure or public demands.
"We don't wait until a political leader issues a statement for us to act. We act following the due process of the law and the procedures. These cases sometimes take long because we want to ensure we have a watertight case," the chair said.
He also cautioned politicians against making statements that could fuel tension, warning that the commission would hold anyone found to have broken the law accountable.
"This commission is going to act firmly. If there's any political leader who thinks they are going to escape taking responsibility, they are cheated. We are going to rein in any political leader that is inciting the public and breaching the law according to the NCIC Act," Omae stated.
Omae further disclosed that NCIC has already received four formal complaints and said the commission will soon reveal the names of individuals whose cases are under investigation.
"Now we have formal complaints. Way forward, we'll be publishing some of those names," he said.
His remarks come as public attention remains fixed on political rhetoric, with increasing calls for agencies responsible for enforcing the law to move against leaders accused of spreading hate speech and incitement as political activity continues across the country.