Dr. Danvas Makori, an NCIC commissioner, has revealed that legal shortcomings in the definition and prosecution of hate speech have prevented the arrest and conviction of Kenyan politicians, despite numerous summonses.

• The commissioner stated that the law, established after the 2007 post-election violence, intentionally set a very high threshold for defining hate speech, making prosecution nearly impossible.
• The NCIC has sought a legal amendment in Parliament for three to four years, but it faces delays, possibly due to the fact that members of parliament are often the culprits.
• Hate speech is defined as "threatening, abusive or insulting words or behaviour" intended to stir up ethnic hatred, carrying a potential fine of up to Ksh1 million or imprisonment for up to three years.