City Lawyer Danstan Omari has threatened to take legal action against Langata MP Phelix Odiwour alias Jalang’o if he does not apologize for calling Kisii’s witches within the next 48 hours.
In a demand letter to the legislator, Omari and Lawyer Sam Nyaberi have written to him asking him to retract the statement he made in Kisii over the weekend and apologise.
“In your statement, you claimed that you had overheard a conversation involving members of the Kisii community, whom you inaccurately and unfairly described as “witchdoctors,” complaining about the disruption of their alleged nocturnal activities due to the electricity installations have had
facilitated,” the letter reads.
Omari says these comments are not only offensive, but they also constitute defamatory statements that severely undermine the dignity and respect of the Kisii community, while promoting harmful stereotypes.
They want him to Issue a formal, public apology, acknowledging the harm caused by your comments and addressing the wrongful portrayal of the Kisii community as “witchdoctors.”
“The apology should be made in a manner that conveys sincerity, takes responsibility for your actions, and commits to preventing the recurrence of similar remarks in the future,” the letter states
Through lawyer Melody Mageto, they want the MP to cease and desist from making any further defamatory or discriminatory statements about the Kisii community, whether in public, private, or through
any media channels.
Meanwhile, they have formally lodged a complaint to the National Cohesion and Integration Commission(NCIC) saying the utterances constitute to ethnic profiling, hate speech, and defamation.
According to them, Jalang’o referred to members of the Kisii community as “wachawi,” a derogatory term implying that the community members are engaged in traditional, harmful, and outdated practices.
“These comments were made in the context of discussing the installation of electricity in the area,
wherein Mr. Odiwour inaccurately suggested that the community’s supposed nocturnal practices had been disrupted by the electricity installations,” they claim.
They argue that the offensive nature of these remarks is amplified by their public dissemination, which exacerbates the harm done to the Kisii community and undermines the values of unity, respect, and dignity that are fundamental to the Constitution of Kenya and the National Cohesion and Integration Act.
“We assert that Mr. Odiwour’s comments amount to a violation of the National Cohesion and Integration Act, No. 12 of 2008, which criminalizes hate speech,
ethnic profiling, and the incitement of discrimination,” they said.
They have asked the commission to Investigate the remarks and initiate a formal investigation into his speech, in accordance with its mandate to address issues of hate speech, ethnic profiling, and discrimination.
Omari also wants the commission to take Disciplinary Action against Jalang’o if the investigation establishes that his statements constitute a violation of the National Cohesion and Integration Act.
“We respectfully request that the NCIC take appropriate disciplinary action, which may include issuing sanctions, penalties, or referrals to other relevant authorities,” they urged
