It is now legal to use the phrases “Hatupangwingwi” and “Watajua Hawajui” after the High Court yesterday quashed the ban issued by the National Cohesion and Integration Commission (NCIC) against the usage of the said phrases.

In a judgment, Justice Antony Ndung’u set aside the decision of NCIC to list the phrases as hate speech saying that it did not follow due process in taking the impugned action.

“An order of certiorari is hereby issued quashing the NCIC’s decision made on April 8, 2022, vivid Hatelex: a lexicon of hate speech terms in Kenya banning and or classifying “Hatupangwingwi” and “Watajua Hawajui” phrases as hate speech,” Justice Ndung’u ruled.

The decision by the court comes after a group of lawyers moved to court challenging the decision by the NCIC to list Hatupangwingwi and Watajua Hawajui as hate speech.

The Chama Cha Mawakili Limited led by lawyer Felix Kiprono argued that NCIC’s decision could jail more than a million Kenyans.

“The move by NCIC to ban the words as an abuse of power by the state organ,” Kiprono said.

In April, NCIC listed the phrases alongside other words such as Madoadoa, Fumigation, Operation Linda Kura and Mende.

Freedom of expression

Kiprono argued that Kenyans have familiarised themselves with the words from popular local songs and this could subject them to the risk of being charged every now and then.

“The Exparte Applicant is apprehensive that as a result of classification and/or ban of the words aforesaid, the respondent and state agencies may institute criminal or related proceedings against Millions of Kenyans exercising freedom of expression by the usage of the said words/terms,” the group argued.

Kiprono had argued that the process leading to the decision was grotesquely flawed, irrational, and unconstitutional.

“The Words Hatupangwingwi and “Watajua Hawajui” banned by the Respondents are aphorism for freedom of expression used by Kenyans and well protected by Article 33 of the Constitution and does not amount to hate speech,” Kiprono stated.