It is now legal to use the phrases "Hatupangwingwi" and "Watajua Hawajui" after the High court has quashed the ban issued by National Cohesion and Integration Commission (NCIC).
A judgment delivered by Justice Antony Ndung'u set aside the decision of NCIC to list the phrases as hate speech saying that it did not follow due process in taking the impugned action.
"An order of certiorari is hereby issued quashing the NCIC's decision made on April 8, 2022, vivid Hatelex: a lexicon of hate speech terms in Kenya banning and or classifying "Hatupangwingwi" and "Watajua Hawajui" phrases as hate speech," justice Ndung'u ruled.
The decision by the court comes after a group of lawyers moved to court challenging the decision by the NCIC to list Hatupangwingwi and Watajua Hajaui as hate speech.
The Chama Cha Mawakili Limited led by lawyer Felix Kiprono argued that NCIC's decision could jail more than a million Kenyans.
"The move by NCIC to ban the words as an abuse of power by the state organ," Kiprono said.
In April, NCIC listed the phrases alongside other words such as Madoadoa, Fumigation, Operation Linda Kura and Mende.
Kiprono argued that Kenyans have familiarised themselves with the words from popular local songs, and this could subject them to the risk of being charged every now and then.
