Leaders split on House bid to criminalise ‘hustler vs dynasty’ talk

The proposal to criminalise the ‘hustler versus dynasty’ narrative has been met with strong reactions and split political allies along the middle.

The proposed National Cohesion And Integration (Amendment) Bill, 2021 crafted by the Paul Koinange led-Parliament’s National Security Committee states that anyone who incites Kenyans along the hustler versus dynasties split could be imprisoned for five years or pay a fine of Sh5 million.

“A person who has been dismissed or removed from office for a contravention of sections 62(1) and 62A(1) is disqualified from holding any other State or public Office,”.

Despite some ODM members supporting the Bill, Senate Minority leader James Orengo opposed it, saying attempts to criminalise the ‘hustler’ slogan being propagated by Deputy President William Ruto and his allies is a betrayal to the long struggle to democratise the Kenyan state.

The Siaya senator called for caution before the law is changed and pointed out that truth is the only remedy to be applied in circumstances where somebody holds an opinion that is contrary.

Without mentioning the proposals contained in the NCIC (Amendment) Bill, 2021, the senator told the House that the hustler narrative falls within the realm of free speech, which enjoys constitutional protection,  and called for tolerance from across the political divide.

“To criminalise what somebody is saying is a great betrayal to the people of Kenya,” Mr Orengo said, even as he reminded Kenyans of the sedition laws that were used by past regimes to subjugate and cow Kenyans into silence.

Threatening national unity

Invoking the doctrine of counter speech, Mr Orengo told the promoters of the Bill that the remedy does not lie in criminalising the narrative, but to counter what they think is wrong in the narrative.

“Let those opposed to the hustler narrative counter with what they think is right.”

The Bill imposes severe fines, jail time and makes it a basis for removal from office any leader who propagates ‘class divisions’ in the country.

DP Ruto’s campaign slogan positions ‘hustlers’ as ordinary Kenyans seeking their place on the country’s political high table and ‘dynasties’ as wealthy families that have benefited from rich political heritage and connections, a narrative that critics claim could create a hostile split between the rich and the poor.

Mr Orengo spoke as lawmakers eulogised the late Garissa Senator Yusuf Haji, who died on Monday after a short illness.

“In the spirit of Mr Haji, who was a democrat and an open person, I plead for tolerance to drive us forward,” said Mr Orengo.

But Kitui Central MP Makalu Mulu, who sits on the committee that drafted the Bill, insisted that the amendment is necessary and will empower the National Cohesion and Integration Commission (NCIC) to take stern action on leaders who incite other Kenyans while threatening national unity.

Incitement tool

“We know that NCIC has teeth but we intend to make the teeth strong enough to bite those inciting Kenyans against fellow Kenyans,” he said

Alego Usonga MP Samuel Atandi said he will fully support the Bill.

“The Hustler narrative is an incitement tool for rallying Kenyans into supporting the DP’s presidential bid. The amendment is aimed at stopping a class war. It is dangerous and must be criminalised like yesterday.”

Kikuyu MP Kimani Ichungwah laughed off the amendment and wondered whether those pushing the Bill will also legislate even on names they will name their children.

“This country has more pressing priorities than such proposals done out of political desperation. Let’s focus on matters that will uplift our people’s economy that is in ruin. Let them not try to fix political opponents using retrogressive proposals.”

Nominated Cecily Mbarire said the Hustler movement has brought a new meaning to the majority of struggling Kenyans.

“It cuts along the tribal barriers. They came up with the Bill because they are threatened by the movement and they don’t want it to continue. It is unconstitutional to deny people the freedom of speech, which includes slogans.”