The National Cohesion and Integration Commission (NCIC) says it will not use TikTok videos or other social media clips as the basis for hate speech investigations.
The commission says it only opens a case after receiving a formal complaint that meets legal requirements.
Formal Complaints Come First
Speaking to the media on Tuesday, NCIC Chairperson Bishop Dr. Kepha Nyamweya Omae said the commission follows clear legal procedures before launching an investigation.
“Before we carry out any investigation, it is important for Kenyans to know there has to be complaints. You don’t begin to act on TikTok clips,” he said.
He said the commission must first confirm that any evidence is genuine.
“Until someone raises a formal complaint, it puts us in a very awkward situation because we don’t know whether the clip that was sent was AI-generated. We have to be sure it is a legitimate complaint,” he added.
Ten Leaders Face Investigation
NCIC also said formal complaints have prompted investigations into ten prominent Kenyans.
The list includes former Deputy President Rigathi Gachagua, Health Cabinet Secretary Aden Duale and Public Service Cabinet Secretary Geoffrey Ruku. The commission is reviewing remarks it believes may amount to hate speech or ethnic incitement ahead of the 2027 General Election.
The other leaders are Busia Governor Paul Nyongesa Otuoma, Mandera Deputy Governor Ali Maalim Mohamud, Sirisia MP John Waluke, Wanjiku Muhia, David Gikaria, Tipape Naini Musa and Dr Dennis Adison Ouma.
Call for Peaceful Politics
Meanwhile, NCIC said its Investigations and Compliance Department is independently handling the cases. It also reminded leaders that everyone must obey the law.
The commission urged politicians to stop mobilising or using goons during political events. It instead called on them to promote peaceful campaigns and responsible leadership as the country prepares for the 2027 General Election.
Gachagua Defends His Remarks
Gachagua has dismissed claims that his “killing the snake and its eggs” remarks amounted to hate speech.
He challenged NCIC to write to him officially if it intends to investigate him.
He said he used figurative language to describe removing President William Ruto and his allies through the ballot.
“Sisi tuseme hatuna hate speech, sisi tunatumia figurative language kwa sababu sisi ni wanafunzi wa literature. Kumuuwa nyoka ni kufukuza William Ruto kwa kura, kuuwa mayai ni kufukuza wafuasi wake wote kwa kura. That is what we mean,” he said during an event in Meru on Tuesday.
