Ruto Allowed To Use Hatupangwingwi Phrase: Court
Another phrase whose ban was overturned was watajua hawajui
Marvin Chege 
Deputy President William Ruto has been given the green light to use the hatupangwingwi phrase during campaigns following a High Court order that scrapped its ban by the National Cohesion and Integration Commission (NCIC).
Justice Antony Ndung'u on Thursday, July 14 found that the commission did not inform the public about its intention to ban the phrase as provided for under Section 7 of the Fair Administrative Action Act, 2015 alongside other words classified as a lexicon or as bordering hate speech and incitement to violence.
Another phrase whose ban was overturned was watajua hawajui, which is translated to 'they will know what they don't know'.
A court gavel. /FILE
"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," the judge ruled.
A petition filed by Chama cha Mawakili Limited (CML) through lawyers Felix Kiprono and Vincent Yegon sought to overturn the ban on the phrases warning that if the ban was in place, Kenyans would have been arrested and charged for hate speech for words that meant completely different to its context.
The petitioners argued that the terms are contained in a song reworked from the original version, Sipangwingwi composed by artist Tony Njuguna aka E-Xray. It includes Ruto who is quoted stating “wakenya wamesema hawapangwingwi hata mimi hasla sipangwingwi (Kenyans are saying they will not be finessed, even myself as a hustler, I will not be finessed).”
“The word/terms –hatupangwingwi and watajua hawajui classified as hate terms and or banned by NCIC are aphorisms of freedoms of expressions used by Kenyans and does not amount to hate speech,” Kiprono stated.
The phrase has been common amongst the Kenya Kwanza coalition on campaign trails in reference to their promise not to be taken for a ride in the elections by government entities.
NCIC had flagged the phrases as hate speech in April alongside 21 others that were used many times by both Kenya Kwanza and its competitor, Azimio la Umoja.
Others included madoadoa (dots), chunga kura (secure the vote), mende (cockroach ), and watu wa kurusha mawe (people who throw stones).
However, the political factions continued using the phrases anyway, with Ruto throwing spears at NCIC for trying to police Kenyans on their language.
"I think it is an exercise in futility to try and tell us which Swahili or English words we should use. We are decent, intelligent and knowledgeable people. We know what we are saying.
"To our competitors, please try and cobble together a plan and an agenda to sell to the people of Kenya. Stop wasting your time trying to re-engineer our literature. The people of Kenya know how to speak and they will speak at the ballot. Let us not involve institutions of government in a circus that will not help anyone," Ruto said.
Around the same time NCIC flagged the phrase, Ruto released a music video of the song alongside E-Xray as a direct rebuttal to the commission.
Exray features Deputy President William Ruto in 'Hatupangwingwi', a remix of his hit song 'Sipangwingwi'
What do you think? Hit or miss? pic.twitter.com/ikUU4abTyb — Viral Tea Kenya (@ViralTeaKe) April 8, 2022
