A Facebook user Oliviah Nyabwazi Moraira or ‘Kabz Nyar Kisii’ as she is popular known on the platform is spending the weekend at the Langata Women’s Prison after she failed to raise bail after being charged with hate speech. She was charged with ethnic contempt contrary to section 62(1) of the NCIC Act of 2008.

She allegedly posted the ethnically inciting words on Facebook knowing that they will stir hatred against two tribes.

The section reads;

  1. Offence of ethnic or racial contempt

(1) Any person who utters words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or both.

While the exact comment that could have led to her arrest could not be established, her Facebook wall indicates a user who aligns with the opposition NASA coalition and is critical of the government. She has been very active posting content during the electioneering period.

On Facebook, she asked friends to help her pay the sh200, ooo cash bail needed to release her.

Moreover, it is not the first time she has been arrested for the same crimes. On August 27th, she was arrested in Nairobi but the Kisii County Women Representative Janet Ong’era came to her aid and settled the Sh50, 000 bail to secure her release.

Oliviah has been picked from Kisii on Sunday 27th August by flying squad police officers who transferred her to Nairobi under heavy security.