NCIC Sets Record Straight on Kaluma, Otuoma After ‘Cleared’ Claims

The National Cohesion and Integration Commission (NCIC) has moved to set the record straight on its decisions involving Homa Bay Town MP Peter Kaluma and Busia Governor Paul Otuoma, saying reports that the two leaders were cleared failed to capture the findings made against their remarks.

In a statement issued on Saturday, October 3, the commission said its investigation found Kaluma’s speech intemperate, ambiguous and dangerous in its reasonably understood meaning, with an appreciable risk of political intimidation.

NCIC said it reached a similarly adverse finding in Otuoma’s case, describing his remarks as threatening and exclusionary in context and warning that they were likely to stir hostility against residents and traders perceived as outsiders because of their ethnic or national origin.

The commission said the findings were followed by immediate cessation notices and corrective measures, including public clarification, withdrawal or correction of harmful messaging and peace engagements at the respondents’ own reasonable cost.

“The Commission neither endorsed nor excused their language,” NCIC said.

Why NCIC is clarifying the two cases

NCIC said its latest statement was prompted by descriptions of its determinations as having cleared Kaluma and Otuoma, arguing that such reporting presents only part of what the commission found.

It said the two matters followed investigations and consideration of the respective defences before the commission made its determinations under the National Cohesion and Integration Act, the Constitution and relevant legal authorities.

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For Kaluma, NCIC said the preventive resolution recorded in his matter should not be interpreted as an approval of his remarks.

The commission said its use of conciliation was part of the statutory process available to it.

Section 61(2) of the National Cohesion and Integration Act requires NCIC, where it is satisfied after an investigation that a person has contravened Part III of the Act, to make all reasonable efforts to conciliate the matter.

It said its broader mandate also allows it to promote conciliation.

NCIC said this legal process should not be portrayed as an attempt to sanitize harmful speech.

NCIC warns of further action

The commission said the outcome of the two matters does not mean the corrective process is over.

According to NCIC, both determinations provide that if it formally records that conciliation has failed to achieve a satisfactory resolution, appropriate compliance notices will be issued under Sections 56 and 57 of the Act, with enforcement governed by Section 58.

“The immediate cessation notices remain in effect throughout the process,” the commission said.

NCIC maintained that describing the two politicians as simply “cleared” leaves out the adverse findings and directions contained in the determinations.

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“Reporting only that the respondents were ‘cleared’ gives the public a materially incomplete and misleading account,” the commission said.

It has consequently called on media houses that used the characterization to correct their reports and give the corrections prominence comparable to the original coverage.

The commission said it remains open to scrutiny of its decisions but expects future coverage to present the findings, statutory outcome and corrective directions together.

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National Cohesion and Integration Commission (NCIC) Chairperson Bishop Dr. Kepha Nyamweya Omae. PHOTO/X