elections. And this resulted in a peaceful referendum and elections. We have also been
conducting research in several areas the results of which have been published. One of them is the
‘Ethnic Audit’ particularly in the civil service, where we found that there were the five biggest
ethnic groups. We have called these, the ‘Big Five’, for they occupy 70% of jobs in the civil service.
In Kenya we have 45 ethnic groups. We also found out that there was coded language and use of
stereotypes to refer to some of the ethnic groups and it was creating a lot of tension.
We are doing a “cohesion index” to see if the ‘Big Five’ still have the commanding role in all those
jobs as well as access to amenities and political space. Then the other most interesting thing is
hate speech. Again political leaders at meetings and at rallies used nothing but hate speech to
win votes. So we wanted to encourage politicians not to use hate speech and to propagate their
party manifestos, ideologies and all, but not their ethnicity.
Hate speech now has moved to the social media and this is the challenge. Some people use
pseudonyms and others use other people’s names on sites such as Twitter and it’s not easy to
catch them. So it’s now in the social media as well in the electronic or print media. It is very
important for media houses to work closely with us. We have trained them on hate speech
reporting because we are all aware that there is a very thin line between freedom of speech and
hate speech. So now, when they write, they know that there is somebody out there watching if
there is hate speech or not.
Next are the social, economic and political factors affecting the operation of NCIC and of course
the issues of religious discrimination. Kenya has two major religions, Islam and Christianity. But
there are also the Hindus. We wanted to be sure that when we embark on national cohesion,
discrimination is not allowed.
On economic factors we looked at equal distribution of resources as a way of building national
cohesion as well as empowering youth through various projects. The current President promised
that if there was not going to be a repeat election resulting in a clear winner, the money
earmarked for the re-run would be used for not only youths but women’s projects also. So now
that the election is over and there emerged a clear winner, that means there is 600 million Kenyan
shillings, not only for youth but also for women’s projects.
Political factors, for any Commission, are very important. These are important not only in terms of
the selection process but also in terms of support. If the political goodwill is not there, I don’t see
the Commission being successful. The challenge is linking political will and resourcing the
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The Second International Conference on Transitional Justice in Zimbabwe
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