Expert defence of serious crimes

Hate Crimes & Freedom of Speech

Balancing two rights: walking a tight rope between the freedom of speech and limits.

Hate speech is speech that harms another person on the basis of sex, race, religion, ethnicity or sexual orientation. The hate speech offence is punishable by three year in prison or a fine of up to one million Kenyan shillings, or both.

A hate message may be conveyed using words (in speaking) or displaying or distributing written material, presenting a play, or showing or distributing a film or image or producing a programme (perhaps means a radio programme). And the message must be threatening, abusive or insulting.

More is needed to amount to a crime under this Act — remember the Act — is only about insults and abuse of an “ethnic” nature. This means about colour, race, nationality or ethnic or national origins. And finally – on the question of what the person is persuading others to do – the Act says that to be guilty, the person must intend to stir up ethnic hatred. So they do not have to have tried to persuade people to be violent.

The biggest risks are connected to politics and especially elections. Politicians, have often times find themselves facing charges relating to hate speech crimes.

Our lawyers know how to navigate this anxious situation on clients behalf. We have experience appearing for political figures, religious leaders and celebrities or corporate brands to protect their right to free expression.

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