The National Cohesion and Integration Commission (NCIC) on Monday ruled out charging Embakasi East Member of Parliament Babu Owino.
Owino, who is said to have made derogatory remarks against President Uhuru Kenyatta, was arrested earlier in the day and taken to the DCI headquarters for questioning.
The Commission, however, stated that it would not take him to court because the offence he is suspected of committing does not fall under its mandate.
Through Commissioner Joseph Onsongo, the body expressed regrets over the legislator's remarks but noted that it fell under the Penal Code but not the Cohesion Act.
"We have heard and received complaints about Babu Owino...this does not fall under the Cohesion Act but under the Penal Code," he explained.
The Commissioner expressed concerns that some leaders were using the freedom of speech to destroy other people which he said “spells doom for the country”.
In March, NCIC Chairperson Francis Ole Kaparo declared that abusive language, especially when used by politicians, does not translate to hate speech.
Kaparo stated that verbal exchanges between leaders would not be treated as hate speech unless a community is mentioned.
The MP sparked anger for the remarks he made on Sunday in Dagoretti North describing President Kenyatta as a puppy.
"If Muammar Gaddafi was removed by citizens, if Laurent Gbagbo was removed by citizens, if Yahya Jammeh was removed by citizens, who are you? Wewe ni mtoto wa mbwa (You are the son of a dog)," Owino uttered.
A few minutes before his arrest, the lawmaker had vowed not to apologize for the remarks stating that he did not mention anyone during his address.
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