A Nairobi man is facing legal trouble after he was caught on camera hurling insults at President William Ruto and challenging police officers to arrest him. The incident happened on March 6, 2023, at Jacaranda Grounds in Nairobi’s Eastlands area, where Ruto was holding a public rally.
What did he say?
According to Daily Nation, Shadrack Omondi Orwa was charged with creating a disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) (b) of the Penal Code. He pleaded not guilty and was released on a KSh 50,000 bond.
The prosecution alleged that Omondi shouted and uttered words that were disrespectful and demeaning to the presidency, particularly to President Ruto and his deputy Rigathi Gachagua. He also incited members of the public to cause violence against the police officers patrolling the grounds by threatening to stone them.
The video of Omondi’s rant went viral on social media, sparking mixed reactions from Kenyans. Some condemned his actions as disrespectful and unlawful, while others defended his right to freedom of expression and criticized Ruto’s administration for being intolerant of dissent.
Why did he do it?
Omondi’s motive for insulting Ruto is not clear, but it could be linked to the political situation in Kenya. Ruto became president after winning the August 2022 general election by a narrow margin against former prime minister Raila Odinga. His victory was marred by allegations of rigging, violence and intimidation.
Ruto’s presidency has also been marked by controversy and criticism over his policies, appointments and performance. He has been accused of sidelining his former ally Uhuru Kenyatta, who appointed him as deputy president in 2013 but later fell out with him over succession politics. He has also been accused of sacking or replacing Kenyatta’s appointees in key parastatals without due process or consultation.
Ruto’s critics have also questioned his commitment to fighting corruption, improving security and delivering on his campaign promises. They have accused him of being divisive, authoritarian and populist.
On the other hand, Ruto’s supporters have praised him for being visionary, decisive and development-oriented. They have lauded his efforts to empower the youth, women and marginalized groups through his ‘hustler’ narrative and economic agenda. They have also defended him against what they perceive as unfair attacks from his opponents and detractors.
What are the implications?
Omondi’s case is not an isolated one. It reflects a growing trend of political intolerance and polarization in Kenya that threatens to undermine democracy, peace and stability.
According to Article 33 of the Constitution of Kenya,
Every person has the right to freedom of expression, which includes—
(a) freedom to seek, receive or impart information or ideas;
(b) freedom of artistic creativity;
(c) academic freedom and freedom of scientific research.
However,
The right to freedom of expression does not extend to—
(a) propaganda for war;
(b) incitement to violence, hate speech or advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27(4);
(c) any expression that is obscene or defamatory.
Therefore,
- Omondi has the right to express his opinions about Ruto or any other public figure,
- But he does not have the right to insult them or incite violence against them
