Win for Gengetone as court rules hatupangwigwi isn't hate speech

Trio Mio
King of Gengetone Trio Mio
Image: Courtesy

The high court has quashed the NCIC decision terming "hatupangwingwi" and "watjua hawajui" as hate terms.

Justice Antony Ndungu said NCIC did not follow due process in taking the impugned action.

In the case, Chama cha Mawakili said the contested words are 'sayings' of freedom of expression used by Kenyans and does not amount to hate speech or any other negative 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 indicates that the process of classifying or terming words as hate must not be misused or used as an avenue to settle political scores in the guise of encouraging national cohesion and integration.

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