NCIC Ban On 'hatupangwingwi' and 'mtajua hamjui' Revoked By High Court

The National Cohesion and Integration Commission’s (NCIC) ruling designating the well-known sheng expressions "hatupangwingwi" and "watajua hawajui" as hateful words has been overturned by the High Court.

NCIC Ban On 'hatupangwingwi' and 'mtajua hamjui' Revoked By High Court

According to Justice Antony Ndung'u, the NCIC allegedly did not follow the law when it took the contested action.

The words in question, according to Chama cha Mawakili, are Kenyans' "sayings" of freedom of expression and do not constitute hate speech or have any other unfavorable connotations.

"The process leading to the decision by NCIC is flawed and unconstitutional. It amounts to abuse of power by the commissions," read the court documents.

The group warns against misusing the process of labeling terms as hateful or using it as a way to settle political scores under the pretense of promoting national cohesion and integration.

On April 1, 2022, NCIC Chairman Samuel Kobia outlawed the use of the two terms in public gatherings, online posts, and political discussion shows.

He reasoned that the action would significantly reduce hate speech and increase national security during this election season.

However, Chama cha Mawakili claimed in its arguments that this amounted to a misuse of authority and that the timing of the ban was planned to provide some political formations an unfair advantage in the impending elections.