Controversial Meru Senator Linturi caught in eye of hate speech storm

Zadock Angira and Wycliffe Kipsang

Controversial Meru Senator Mithika Linturi was yesterday arrested over ytterances  perceived to incite violence that he made at a rally in Eldoret on Saturday.

A few hours after Linturi made the remarks, the Director of Public Prosecutions (DPP) Noordin Haji directed the Inspector General of Police Hillary Mutyambai to investigate the matter and submit the file to his office by January 14.

The senator was arrested at Eka Hotel in Eldoret town early yesterday by Directorate of Criminal Investigations detectives attached to the National Cohesion and Integration Commission (NCIC).

Detectives pounced on the senator at the hotel where he had spent the night after the DP’s meeting at Eldoret Sports Club.

Linturi was driven to Nakuru regional headquarters briefly before he was transferred to Nairobi.

Rift Valley Regional Coordinator George Natembeya said the senator was expected to shed light on his remarks, which have caused a public outcry.

“Detectives located him to Eldoret. Initially it was difficult to access his hotel room but we later talked with the management and managed to arrest him,” Natembeya told People Daily.

The NCIC has also summoned Linturi for grilling to explain what he meant by the word “madoadoa”.

Linturi was yesterday detained at the Gigiri Police Station, Nairobi and is expected to be charged today.

Police sources said the senator will be charged with the offence of ethnic contempt, contrary to Section 62 of the National Cohesion and Integration Act.

If convicted, the senator faces a jail term not exceeding five years and a fine of Sh1 million.

According to the DPP, Linturi’s utterances could incite contempt, hatred, hostility, violence or discrimination. Pursuant to Article 157(4) of the Constitution, I hereby direct that you immediately institute comprehensive investigations into the said allegation and submit the resultant investigations file on or before January 14, 2022,” Haji wrote.

He added: “We wish to inform members of public that persons found culpable of hate speech and incitement will be prosecuted.”

During the rally, Linturi said: “Sisi tunataka kuwa kwa serikali inayokuja lakini nawaambia watu wa Uasin Gishu msicheze na Kenya na kile nawaomba ni kwamba madoadoa yale mliyonayo hapa muweze kuondoa (I am asking you to remove the spots you have here). Hatuwezi kuwa tukisimama na William Ruto kule Mt Kenya na mko na wengine hapa hawasikii na hawawezi ungana naye.”

“Madoadoa” has a pejorative connotation in the country as it evokes dark memories of the horrific incidents of the 2007-2008 post-election violence (PEV) where 1,300 Kenyans lost their lives and nearly 600,000 were internally displaced.

Sinister overtones

On Saturday evening, Linturi apologised over the remarks, saying that his “madoadoa” remarks were misunderstood and were not meant to incite or propagate hate speech.

In a long post, Linturi said he expressed himself using words which in certain context, acquired sinister political overtones and came to be associated with incitement and hate speech.

He said he was vigorously urging their supporters to offer full support to UDA candidates in this year’s election, and was oblivious of the possibility that his choice of words might assume negative meaning.

“It is true that words like ‘madoadoa’, whilst otherwise innocent and legitimate expressions, have in certain contexts come to be understood as representing inflammatory intent. This context did not occur to me while I was speaking,” he said.

He added that his use of those words was in specific reference to their parliamentary colleagues from Uasin Gishu county, who do not support UDA, and whom he urged voters to reject in favour of UDA candidates.

“On further reflection, and upon the advice of my colleagues, I regretfully concede that my choice of words was unfortunate. I therefore apologise, unreservedly, for the discomfort they may have created,” he said.

The remarks elicited mixed reactions. Most politicians, human rights activists, Kenyans on Twitter and other social media forums strongly condemned the sentiments, and called on investigative agencies to take immediate action.

Amani National Congress leader Musalia Mudavadi called on leaders to weigh their utterances during campaigns so as not to sow seeds of insecurity.

“Every Kenyan has a constitutional right to live and work in any part of the country. It is uncalled for leaders to make utterances that may incite peace-loving Kenyans against each other,” Mudavadi said.

Gatundu South MP Moses Kuria, who is undergoing treatment in Dubai, also castigated Linturi.

Kuria asked Ruto to reprimand Linturi saying the statement could open wounds, especially because the region was the most affected by the 2007-2008 post-election violence.

“I am a close friend of the Deputy President. However, I am far. If you are in Eldoret and near tell him to rebuke his allies. It doesn’t matter whether these remarks were said by Linturi or Oscar Sudi,” he wrote.

Some wondered why Ruto did not rebuke his ally and instead laughed and hugged him after he spoke.

Law Society of Kenya President Nelson Havi, however, defended Linturi saying removing “madoadoa” simply means voting six piece for all UDA candidates.

“Those nimble footed ODM Twitter minions should stop profiling Senator Mithika Linturi for their failure of comprehension or intentional misrepresentation of what the Senator said in Eldoret today,” he said.

Senior Counsel Ahmednasir Abdullahi also condemned the remarks saying it was tantamount to forcing the Rift Valley residents to vote for specific people.

“Kalejins in the Rift Valley like all Kenyans have a constitutional right to vote for a presidential candidate of their choice other than DP Ruto. It’s on that note that we must all condemn the “MADOADOA” comment by Sen. Mithika Linturi. Let the people decide!” he said.

Fraud case

Police had earlier defended themselves, saying addressing hate speech does not mean limiting or prohibiting freedom of speech but instead meant keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence.

This is not the first time Linturi is coming into conflict with the law.

In April last year, Linturi was arrested by the DCI over alleged fraudulent loan he took from Family Bank two years ago.

The Senator had tried to stop the DPP and the DCI from arresting and charging him together with his co-director Emily Nkirote Buantai in vain.

The DCI had recommended charges of impersonation, giving false information and fraudulently procuring the registration of charge. Other charges include obtaining credits by false pretenses, abuse of office, forgery and intent to defraud among others.

Linturi had, however, claimed their intended prosecution was unlawful as is related to the family and property dispute between him and his estranged wife Marianne Kitany.