Live statuteSupportedKERacial hatred
s.13
National Cohesion and Integration Act, 2008
- Target
- Hate speech — stirring up ethnic hatred
- Test
- Threatening, abusive or insulting words, behaviour, written material, play, recording, or programme, with intent to stir up ethnic hatred, or having regard to all the circumstances ethnic hatred is likely to be stirred up. Ethnic hatred = hatred against a group defined by colour, race, nationality (including citizenship), or ethnic or national origins.
- Max
- Fine not exceeding one million shillings, or 3 years, or both
A person who— (a) uses threatening, abusive or insulting words or behaviour, or displays any written material; (b) publishes or distributes written material; (c) presents or directs the performance the public performance of a play; (d) distributes, shows or plays, a recording of visual images; or (e) provides, produces or directs a programme, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up. … Any person who commits an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both. … In this section, “ethnic hatred” means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
Official English, Kenya Law (National Council for Law Reporting), National Cohesion and Integration Act Cap. 7N s.13, latest consolidation (revised by the 24th Annual Supplement, LN 221 of 2023, 31 December 2022). s.13 is unchanged from the 2 July 2019 version.
Cite · Act No. 12 of 2008, s.13 · as of 2026-09-05
- Do not treat s.13 as Israel §24.
- Overlay. Not a listed-speech terrorism offence.
- A 2022 amendment bill would have expanded s.13(1)(b) to electronic or social media. Treat that bill as Unproven-as-law here.