Selective justice? Fury grows over police inaction on Kaluma's incendiary remarks

Three days after he made remarks bordering on incitement to political violence, MP Peter Opondo Kaluma is still a free man and remains unapologetic about his inflammatory utterances that fueled anarchy in Homa Bay County when the Linda Mwananchi brigade took their campaign there.

The inaction by relevant authorities to take action against the Orange Democratic Movement (ODM) lawmaker has left furious Kenyans wondering whether he is above the law.

They expected swift action by police against the Homa Bay Town MP. But the zeal police demonstrated when arresting Mukurweini MP John Kaguchia has suddenly cooled.

Kaguchia was seized on August 3, 2026 by sleuths from Directorate of Criminal Investigations (DCI) headquarters who camped outside Royal Media Services offices where he was being hosted for an interview.

He was arrested two days after making inciteful remarks during a public rally at Naromoru shopping centre in Nyeri County, where he warned Mt Kenya residents of dire consequences if they vote for President William Ruto next year.

Speaking in his Kikuyu dialect, Kaguchia threatened that those who will vote for Dr Ruto will be hunted to their homes and smoked out.

It was Kaguchia who was hunted, thrown into police cells before being arraigned in court, where he was released on a cash bail of Sh250,000.

With Kaluma being the latest politician to make inflammatory remarks, Kenyans have been fuming over the apparent double standards that police move with speed when it is an opposition leader but keep a blind eye on pro-government politicians making inciteful statements.

The Homa Bay MP joins the growing list of government-friendly politicians who, in the recent past, have either made inflammatory speeches or been linked to political violence but remain untouched. They are Health Cabinet Secretary Aden Duale, United Democratic Alliance (UDA) Secretary General Hassan Omar Hassan, and Nyaribari Chache MP Zaheer Jhanda.

In light of widespread violence witnessed in Homa Bay on Sunday, a section of religious leaders is demanding accountability from the National Cohesion and Integration Commission (NCIC) and National Police Service (NPS), accusing the two organs of being bipartisan.

The Church and Clergy Association of Kenya has at the same time cautioned politician to refrain from divisive politics ahead of elections.

“We further urge the National Cohesion and Integration Commission to take decisive action on those propagating hate speech according to your constitutional mandate,” said the association’s national chairman Hudson Ndeda.

He challenged the Inspector General of Police Douglas Kanja to ensure his officers provide security impartially during the campaign period.

“It is disheartening to see police engage in barbaric acts by disrupting campaigns and involving themselves in partisan activities. This misconduct must stop as the police are the life line for the rule of law to prevail. It is worth noting that campaign meetings the police have not interfered with have ended peacefully without casualties or destruction of property,” added Ndeda on behalf of his members.

A day before the Homa Bay rallies, Kaluma was captured on camera telling supporters in Dholuo dialect to “pass” with those supporting the one-term clarion call, utterances that were loosely translated to mean attacking those against the re-election of President Ruto.

“From today, we are giving the command that anyone who says one term, pass with them. If you are among us and you worked for the other side, and you don’t think you can walk with us, disappear,” said the lawmaker.

He went ahead to warn hotel owners not to accommodate people they do not know because they would carry out an operation targeting those propagating the one-term gospel.

“We are going to inspect. If you own a hotel in Homa Bay, you need to know who sleeps in your hotel because we will pass with that person and maybe even your hotel. All the fuel you guys will use has been catered for. This is an ODM zone, and we’re saying Ruto two terms,” he said.

The remarks elicited reactions from Kenyans of social media concerned at the trajectory the country was taking. Some of the demanded for the immediate arrest of Kaluma, arguing that he was not above the law.

“If Kenyan security agencies had teeth, such leaders would never see the sun. They need to be in Kamiti or somewhere in Shima La Tewa,” posted J.W.

Another user, Papa Yona, posted: “@DCI _Kenya @NCIC_Kenya are you taking action on this or it’s business as usual from you.

Article 33(2) of the Constitution is explicit that the right to freedom of expression does not extend to hate speech, war, propaganda, incitement to violence, or ethnic hatred.

The National Cohesion and Integration Commission Act criminalises threatening, abusive or insulting words, behaviour, or material intended to stir up ethnic or group hatred.

Under Section 13 of the Act, the penalty for hate speech in Kenya is a fine not exceeding Sh1 million, imprisonment for a term not exceeding three years, or both.

Following the acrimonious 2007 presidential election, NCIC was established to heal a fractured nation and prevent future conflicts. The Commission’s core mandate is monitoring hate speech by tracking, flagging, and investigating inflammatory remarks or incitement by public figures and citizens.

Critics however, accuse NCIC of being a toothless bulldog practicing selective justice and applying double standards in handling political hate speech and ethnic incitement.

Kenyans in general have frequently lamented that the Commission fears arresting or aggressively prosecuting influential politicians and senior government officials captured making reckless remarks. That NCIC only goes for the small fish or opposition leaders while handling pro-establishment individuals with leniency.

Political analyst Herman Manyora says NCIC in its current form can not deter hate mongering in the country and calls for its disbandment.

“I have always maintained that it is very difficult to successfully prosecute a hate speech case this is because words, by nature, are slippery. The meaning of words is derived from usage and context. The NCIC should just play the advisory role or be abolished altogether,” said Manyora.

As Kenyans pile pressure on action to be taken against Kaluma, the Commission in a statement, termed the violence in Homa Bay as an

“unfortunate and worrying trend” that goes against the laws of the country.

According to the NCIC’s chairperson Kepha Nyamweya Omae, any Kenyan is allowed to hold political activities in any part of the country as long as they do not break the law, and that while these rights are fundamental, they must be exercised responsibly, without incitement to violence, hate speech, or disorder.

“The Commission condemns the acts of political unrest and lawlessness being witnessed in parts of the country and has embarked on the process of summoning and holding the responsible political actors to account,” said Dr Nyamweya.

He called on Kenyans and political leaders to exercise tolerance and adherence to the law, and avoid acts that could plunge the country in a state of lawlessness, cautioning supporters and youth against engaging in political violence.

“The rise in political intolerance in the country, marred by negative political rhetoric, must come to an end. NCIC strongly condemns acts of violence, disruption, or incitement that endanger the lives of Kenyans, undermine peaceful democratic participation, disrupt peace and cohesion across the country, and are a threat to the lives of Kenyans and destroy property,” noted the NCIC boss.

Reiterating the importance of upholding Article 37 of the Constitution, Dr Nyamweya reminded political players to all times, exercise restraint, reject divisive rhetoric, and embrace the values of tolerance, dialogue, and mutual respect.

“Political competition must never be equated with hostility, violence, or ethnic antagonism. Differences in opinion should strengthen not weaken Kenya's democratic fabric,” he added.

Even as Dr Nyamweya is reminding Kenyans of their civic responsibility, it is not lost of them that NCIC is yet to take stern action against CS Duale, MP Jhanda and UDA mouthpiece Hassan.

Last month, Duale was under fire over utterances he made in Lafey constituency of Mandera where he remarked that a certain community felt entitled to the exclusive prosperity and control of Kenya.

Critics interpreted the remarks as a tribal jibe aimed at the Kikuyu community. An Unapologetic Duale declared that NCIC had no business summoning him if they do not also do not take action against former Deputy President Rigathi Gachagua over his “frequent” inflammatory remarks.

In May, Hassan received a backlash after making remarks critics labelled as ethnic profiling against the Kikuyu community. During a title issuance exercise in Mombasa, the UDA spokesman blamed founding President Jomo Kenyatta and his son Uhuru for historical coastal land injustices.

Lands Cabinet CS Alice Wahome and a group of UDA MPs from Mt Kenya region called for Hassan’s immediate resignation, terming his subsequent clarification and conditional apology insufficient.

It is over a month since DCI summoned Jhanda over the violence that rocked Keumbu in Kisii when the Linda Mwananchi faction held its rally in the area. The Linda Mwananchi convoy came under attack along the Kisii-Keroka Road, leaving one person dead and several others injured.

The attackers were believed to be goons hired by the Nyaribari Chache MP, who has since ignored the police summonses. The lawmaker was required to record a statement at Kisii Police Station over the violence.

Amid the growing disappointment by Kenyans over apparent reluctance by relevant authorities to take action against leaders who have been planting the seeds of hate speech, for the umpteeth time,  NPS is warning politicians and organisers against incitement, provocation and other conduct likely to breach peace as political activities intensify ahead of polls.

In a statement following the Homa Bay chaos, NPS spokesperson Muchiri Nyaga pledged they would take action against individuals found facilitating violence, disorder or unlawful activities during political events and public gatherings.