Court refers Peter Salasya’s hate speech case to NCIC for review
MP Peter Salasya was charged on May 19, 2025, with hate speech, accused of making inflammatory remarks on social media targeting members of a specific community.
A Nairobi court has directed that the hate speech case against Mumias East Member of Parliament Peter Salasya be referred to the National Cohesion and Integration Commission (NCIC) for review and recommendations.
The directive was issued following an application by State Prosecutor Virginia Kariuki from the Office of the Director of Public Prosecutions (ODPP), who requested that the NCIC be allowed to assess the matter before a decision is made on how to proceed.
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The prosecution told the court that the Commission's input was necessary in determining whether the MP's remarks met the threshold for hate speech as defined under the law.
"We are seeking a further mention in two months to confirm whether the Commission has finalised this matter," Kariuki told the court.
Milimani Senior Resident Magistrate Paul Mutai questioned whether referring the matter to the NCIC might create a parallel process to the one already before the court.
In response, the prosecutor explained that the Commission's involvement would be purely advisory, noting that NCIC would not make any judicial determinations on the case.
"The offence in question involves alleged incitement of the public. The Commission's role is advisory and not judicial," Kariuki said.
The magistrate further questioned why the NCIC had not been engaged earlier, prior to Salasya being charged. The prosecutor explained that while the DPP and the NCIC operate independently, they often collaborate on matters touching on hate speech and national cohesion.
Magistrate Mutai emphasized the need for the prosecution to exhaust all preliminary procedures before taking such cases to court.
"The DPP should ensure all avenues are explored before arraigning an accused person," he directed.
The court granted the prosecution's application and scheduled the matter for mention on November 11, 2025, to receive a status report on NCIC's findings. If no progress is made by then, the case will proceed to hearing.
Salasya was charged on May 19, 2025, with hate speech, accused of making inflammatory remarks on social media targeting members of a specific community.
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