Nairobi — Detectives have arrested a 32-year-old man over remarks allegedly targeting Burundian nationals with ethnic hatred, hostility and calls for violence, just a day after the government apologised to the community over harassment linked to its crackdown on undocumented foreign traders.
Kevin Odiwuor Otieno, alias Engineer Kevin, was arrested by detectives from the Directorate of Criminal Investigations (DCI) Buruburu over remarks he allegedly made during a Bunge la Mwananchi event at Jacaranda Grounds in Kayole.
The remarks were captured on video and widely circulated on social media, prompting DCI detectives to launch investigations.
“Detectives drawn from DCI Buruburu have arrested a 32-year-old man over remarks intended to incite ethnic hatred, hostility and violence against Burundian nationals living and working in Kenya,” the agency said.
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The arrest comes as the government seeks to calm tensions among Burundian nationals following confusion over President William Ruto’s recent remarks on restrictions on foreigners engaging in certain businesses in Kenya.
The DCI said preliminary investigations had established that the remarks were directed at Burundian nationals living and working in Kenya, including those engaged in various economic activities.
Otieno is expected to be charged with hate speech under Section 13(1)(a), as read with Section 62 of the National Cohesion and Integration Act, alongside any other charges that may arise from the ongoing investigations.
He is scheduled to appear in court on Wednesday.
The arrest follows a government intervention on Monday aimed at reassuring Burundian nationals that they remain protected under Kenyan law.
Foreign Affairs Principal Secretary Korir Sing’oei visited the Burundian Embassy in Nairobi and apologised to members of the community over harassment reported after confusion surrounding the government’s crackdown on unlicensed foreign traders.
“On behalf of the Government of Kenya, I have come to convey our apologies to all of you because of the difficulties that have arisen recently,” Sing’oei said.
He acknowledged that confusion over the government’s directives had contributed to some Burundians being harassed or mistreated.
“We are saying sorry because, recently, it was said that those engaged in small-scale businesses without licences would be required to leave Kenya,” he said.
Sing’oei assured the community that the government would increase security in areas with significant immigrant populations, including Bahati and Muthurwa, while stepping up documentation of foreign nationals.
The PS said the process was intended to ensure that foreigners living and working in Kenya were properly documented and protected.
“Our main objective is to understand how you are living and to ensure that all of you are properly documented–that we know where you live, that you are properly registered, that you have identification documents, and that your places of residence are known,” he said.
“This is so that, from a security perspective, you can also be properly protected.”
The government’s intervention followed increased activity at the Burundian Embassy and nearby cyber cafés, where hundreds of nationals reportedly sought to regularise their documentation amid uncertainty over their legal status.
The confusion followed Ruto’s September 2 remarks that foreigners would not be allowed to engage in certain categories of businesses in Kenya.
“There are businesses that a foreigner will not be allowed to engage in here in Kenya,” Ruto said, referring to a Bill before Parliament dealing with business and local-content issues.
The remarks triggered concern among some foreign nationals whose livelihoods depend on retail and other small businesses.
Sing’oei subsequently said the President’s remarks had been taken out of context and assured foreigners with valid documentation that they remained legally protected.
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“Burundian nationals and all East Africans, and Africans for that matter, are free to live in Kenya as long as they conduct their businesses or work according to the requirements of our law,” he said.
The DCI cautioned that freedom of expression does not extend to hate speech, ethnic incitement or advocacy of violence.
“Kenya is a diverse nation that is home to people from different ethnic communities and nationalities, including foreign nationals who reside and work in the country,” the agency said.
It warned that targeting individuals or communities based on nationality or ethnicity, particularly where the conduct is intended to promote hatred, hostility or violence, would not be tolerated.
The DCI also cautioned members of the public against taking the law into their own hands or engaging in conduct that could undermine peace and public order.
The agency said its detectives would continue monitoring public and online spaces for content and conduct that threatens national cohesion, public safety and peaceful coexistence.
