These guys appear not only toothless but mouthless!!!! It seems that anyone whose performance job is linked to the AG's office has issues? My two cents!

He reminds me of the dragon slayer who forgot that the smiley held the sword!
Wazua Admin would do abetter job in this marketplace!

wameshindwa na real world. virtual wataweza??

Grolut,
I think all the statements have the potential to be hatespeech depending on who said them, when and where (and how?). This being Kenya, we would ask you: where “martians” means? Remember that during the violence in 2007-2008, people were referred to as “madoadoa” and a host of other names which thinly veiled the ethnic identities of targetted groups.

On your two “harmless” statements of opinion.

1. I hate martians
A story is told about a US President who on assuming power commented on the moles that were ruining the whitehouse lawn. Next thing he knows is that all the moles had been “dealt” with. He didnt know how seriously all his statements would be taken since he was the most powerful man there. Leaders must speak soberly knowing they are playing to a mixed gallery.

Some statements are inherently hateful. They go beyond being just offensive - In the US, they’d call them “fighting words” – words that provoke a violent response. Again, some are universal: e.g. insulting people’s mothers (motherf***er), malaya etc; while others may be context specific (e.g. religious, cultural slurs – no end of these here). People in positions of authority must exercise more caution when they open their traps because there are those that are likely to take them seriously. Which is not to suggest that you arent responsible because youre not in authority........ You can imagine the President of of a country where martians resides saying “I hate Martians”.

2. All Martians should go back to their planet.
Around here, no one should be allowed to suggest (even politely) that some elements (martians) should go back wherever. Remember an MP being accused of distributing leaflets urging certain ethnic groups to leave Western Kenya? "To all non-Pokots, Sengwer and Sabaot, vacate our land by August before the Constitution," the leaflets said. (http://www.mg.co.za/article/2010-07-02-kenyan-govt-clamps-down-on-hate-speech)

But like with most things, its not easy to find the balance here. To tell when freedom of speech has crossed the line and become hate speech.