‘Toothless’ NCIC gets power to bite in new law

The often-dismissed National Cohesion and Integration Commission (NCIC) is set for a major transformation that could redefine its role as the country heads to the 2027 general elections.

The National Cohesion and Integration (Amendment) Bill, 2025, is sponsored by Mandera West MP Yussuf Haji, as chairman of the National Cohesion and Equal Opportunity Committee.

It introduces tools that will clothe NCIC with powers to order persons believed to be undermining national cohesion to 'cease and desist' their divisive actions.

However, the proposed law, which is to be prioritised by the House imposes severe penalties of up to Sh3 million, including imprisonment for conflict of interest within the commission.

Staffers and commissioners in violation, like say transacting business – directly or indirectly, with the commission, would face seven years imprisonment or Sh3 million fine.

Those with interest would be required to declare and “shall not take part in any consideration or discussion of or vote on any question touching on such matter”.

“If the person having an interest is the chairperson, he or she shall, in addition to declaring interest, recuse themselves from such meeting,” the proposed law states.

On the proposed ‘prohibition notice, Clause 68A of the Bill seeks to grant NCIC authority to directly order any person or entity engaged in actions contrary to national cohesion to cease such conduct within seven days.

This moves the commission beyond its current model of documenting hate speech and applying to courts for enforcement.

The process has often been seen as slow and ineffectual during fast-moving political crises.

Recently, the commission faced intense scrutiny from the Senate Cohesion Committee over its effectiveness and integrity.

Lawmakers particularly pointed out its ability, or lack of it, to hold powerful figures accountable for inflammatory public statements.

This was at the height of the remarks by Nyeri Governor Mutahi Kahiga, which were adjudged as bordering on hate speech.

NCIC recently reported it is probing ex-DP Rigathi Gachagua, four governors and 10 MPs for alleged hate speech.

No major action has been taken yet.

The committee held that the remarks by the politicians had the potential to cause unrest in the country if they continued to go unchecked.

The thinking in the committee was that the NCIC is currently frustrated with the lack of direct authority to immediately rein in hate mongers.

They raised concerns that some well-known political figures have been spewing inflammatory remarks, including on live social media feeds, without action, a situation the Bill seeks to undo.

“The Bill provides for comprehensive procedures in relation to the conduct of investigations by the commission,” Haji said.

In what is viewed as a way to enhance NCIC processes, all inquiry hearings would now be made in public, unless for a just cause.

“The hearings of the commission during an inquiry shall be open for the public except where the commission, for justifiable reasons, decides otherwise,” the Bill says.

To boost transparency, the NCIC will be required to submit detailed quarterly reports to the National Assembly.

This is a major development from the current situation, where the commission reports to a Cabinet Secretary (Internal Security and National Administration).

NCIC would also be required to give notice to subjects before investigations begin and also explain to complainants when an investigation is discontinued.

The Bill further empowers the commission to establish alternative dispute resolution mechanisms, including peace committees and traditional justice systems.

The aim is to resolve community conflicts proactively and also involve experts.

“The commission may engage the services of such experts in respect of any of its functions in which the experts have special competence,” the Bill says.

The amendment further introduces clear qualifications of the secretary of the commission and formal procedures for their removal.

Going forward, a secretary would be required to have a bachelor’s degree, five years’ experience at the management level and meet the requirements of Chapter Six of the Constitution.

It also introduces new safeguards for whistleblowers and a right to be heard for persons whose reputation may be hit by the probes.

The NCIC’s past efforts have largely relied on moral persuasion and public shaming.

Before the 2022 elections, for instance, it threatened a “wall of shame” for politicians breaching conduct codes.

Its former chairperson, Samuel Kobia, also publicly warned that divisive political narratives, such as the ‘hustlers versus dynasties’, risked sparking dangerous class wars.

What stood out in the events was that while the NCIC bosses have been highlighting risks, their actions often lacked legal force.

If the Bill is passed, the new NCIC would enter the next election cycle not just as a monitor, but as an enforcer with the direct power to intervene.

The commission is under transition, with a new team expected in place in the near future.

Interior CS Murkomen announced vacancies for the NCIC chairperson and seven commissioners in November, setting up a selection panel to manage the recruitment.

INSTANT ANALYSIS

The proposed overhaul signals an intent by MPs to move NCIC from a reactive, advisory body to a proactive regulator with sharper teeth. The bill is now slated for debate in the National Assembly. Whether the legal ‘bite’ will succeed in deterring hate speech in the country’s politics and building cohesion remains to be seen.