The National Cohesion and Integration Commission (NCIC) has rejected reports claiming that Homa Bay Town MP Peter Kaluma and Busia Governor Paul Otuoma were cleared after appearing before the commission over remarks they made in public.
In a statement issued on Saturday, October 3, NCIC said its findings had raised concerns over the remarks made by the two leaders and that corrective measures had been issued.
The commission said describing the two as having been “cleared” did not accurately reflect the outcome of the cases.
“The Commission takes serious exception to reporting in sections of the media that portray its determinations concerning Hon. Peter Kaluma and H.E. Dr. Paul Otuoma as having ‘cleared’ them, or suggest that the Commission summoned them to sanitise their remarks,” NCIC said.
Kaluma had been summoned over remarks he allegedly made ahead of an August Linda Mwanachi rally in Homa Bay.
Otuoma, on the other hand, was required to appear before the commission over statements he made during a gathering at Bulanda Junction in Busia on June 27.
NCIC findings on Kaluma
According to NCIC, its assessment found Kaluma’s remarks to be harsh and ambiguous, with the potential to create political intimidation.
The commission said it reached the finding after considering the evidence, investigations and Kaluma’s defence under the National Cohesion and Integration Act and the Constitution.
The case is being handled through the conciliation process provided for under the law.
NCIC said the immediate orders requiring an end to the conduct remained in place.
Otuoma ordered to withdraw remarks
In Otuoma’s case, NCIC said his remarks were threatening and exclusionary when considered in their context.
The commission said the statements could encourage hostility towards residents and traders who may be viewed as outsiders because of their ethnic or national origin.
Otuoma was subsequently issued with an immediate cessation notice.
He was directed to withdraw or clarify remarks concerning communal ownership of Busia and apologise to residents and traders affected by the statements.
The governor was also required to affirm that people lawfully living or conducting business in Busia are entitled to equal protection.
NCIC further directed Otuoma to take part in a peace and community-safety engagement involving relevant stakeholders.
He was also required to return a conciliation form within seven days of receiving the commission’s determination.
The commission warned that failure to reach a satisfactory agreement or comply with the corrective measures could lead to further notices and enforcement action under the law.
NCIC said the decisions in both cases should therefore not be interpreted as approval or justification of the remarks made by the two leaders.
The commission has now called on media organisations that reported that Kaluma and Otuoma had been cleared to correct the reports.
It urged the media to present its findings, statutory outcomes and corrective directions together to avoid giving the public a misleading picture of the cases.
“These characterisations misrepresent the substance of the determinations, and the NCIC requests that it be corrected,” the commission stated.