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Lawyers Danstan Omari, Sam Nyaberi Want NCIC to Take Action against Jalang’o Over ‘Witches’ Joke

  • Lang’ata Member of Parliament Phelix Odiwuor alias Jalang’o is not yet off the hook over a bad joke he made about the Kisii community
  • Two city lawyers, Danstan Omari and Sam Nyaberi, have threatened to take legal action against him for the comments
  • Jalang’o, who claimed he saw witches meeting at night in Marani, Kisii county, has since apologised for the comments, but the two insist she should face the law

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Nairobi: City lawyers Danstan Omari and Sam Nyaberi have asked the National Cohesion and Integration Commission (NCIC ) to take action against Lang’ata Member of Parliament Felix Odiwuor alias Jalang’o.

Collage of lawyer Danstan Omari (left) and Lang'ata MP Phelix Odiwuor.
Lawyers Danstan Omari and Sam Nyaberi claim the Lang’ata MP should be investigated. Photos: Danstan Omari, Jalango Mwenyewe. Source: Facebook

Jalang’o has been on the receiving end after he jokingly claimed to have seen witches meeting at night in Marani, Kisii county.

What are lawyers Omari, Sam Nyaberi accusing Jalang’o of?

In a strongly worded demand letter to the NCIC and the legislator, the two lawyers have accused Jalang’o of ethnic profiling and hate speech.

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“The use of the term ‘wachawi’ about a community based on unfounded assumptions constitutes ethnic profiling and discrimination,” read part of the demand letter seen by TUKO.co.ke.

“The comments made by you are discriminatory and may incite hatred or violence against the Kisii community, in violation of national and international human rights standards,” the letter added.

The lawyers gave Jalang’o a 48-hour ultimatum to issue an apology failure to which they threatened to take legal action against him.

But while the MP has already issued an apology and explained the context of his statement, Omari told TUKO.co.ke that he will still take legal action against him.

“I am suing whether he apologises or not,” the city lawyer said.

Their letter had indicated their plan to seek an injunction against the legislator to prevent further harm. They also hinted at asking the NCIC to investigate him and take appropriate action.

In addition, the lawyers asked Jalang’o to stop making any further comments about the Kisii community.

“Cease making any further defamatory or discriminatory statements about the Kisii community, whether in public, private, or through any media channels,” they said in the letter.

Did Jalang’o’s statement undermine the constitution?

In a separate letter to NCIC, the two lawyers claimed Jalang’os comments not only insulted the Kisii people but also undermined the constitutional values of unity, respect, and dignity.

Lawyer Danstan Omari
Omari and Sam Nyaberi claims Jalang’o’s statement undermined constitutional values of unity. Photo: Danstan Omari. Source: Twitter

They also argued that the comments amounted to a violation of the National Cohesion and Integration Act, which criminalises hate speech, ethnic profiling, and the incitement of discrimination.

Should NCIC establish a breach of the law, Omari and Nyaberi demanded that NCIC take disciplinary measures against the MP, including sanctions, penalties, or referrals to relevant authorities.

Jalang’o clarifies statement on Kisii witches

TUKO.co.ke earlier reported that the youthful lawmaker had expressed regrets after his statement went viral.

Jalang’o pointed out that his sentiments had been misinterpreted. He clarified that he did not mean to insult members of the Kisii community.

Since the emergence of the statement online, the legislator has faced a backlash from Kenyans, most of who demanded that he apologises.

Source: TUKO.co.ke

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