Mumias East Member of Parliament Peter Salasya is heading for a full trial over allegations of hate speech, after talks with the National Cohesion and Integration Commission (NCIC) collapsed.
Mr Salasya's court date has been set for January 17, 2026. Senior Resident Magistrate Paul Mutai came to this decision after being informed that the conciliation process had stalled due to the expiry of the NCIC commissioners’ term.
In her submissions to the court, prosecutor Virginia Kariuki stated that the commission, which was expected to mediate between the parties, was unable to act as its mandate had expired before the talks could begin.
“The conciliation proceedings stalled following the expiry of the Commission’s term,” she explained, prompting the magistrate to rule that the case proceed to a full trial.
Initially, the move to refer the matter back to NCIC came after a request by the Office of the Director of Public Prosecutions to allow the Commission to assess the matter before making the next steps.
In taking up the matter, NCIC was tasked with making a review and recommendations in the case against the vocal lawmaker.
NCIC’s involvement would only be limited to evaluating the case and advising the ODPP, and not determining guilt or innocence.
Under current law, hate speech is punishable under the National Cohesion and Integration Act (NCIC Act), 2008. If found guilty, Salasya could be in for a three-year jail term or a fine of Ksh1 million or both.
However, recent proposals to amend the law on hate speech could see persons convicted of hate speech face a ten-year jail term or a fine of Ksh10 million for publishing or disseminating hate speech via media.
Other penalties, housed under the National Cohesion and Integration (Amendment) Bill, 2022, include disqualification from holding public office for five years for those convicted.
Salasya had been charged with hate speech over inflammatory remarks made against certain members of two ethnic communities in posts made back in May.
The charge sheet stated that the MP intentionally published the words on his X handle, knowing that they were insulting, inciting, and calculated to stir up ethnic hatred between the two communities.
In referring the matter back to NCIC, Mutai set the case for mention to today, where he was to receive an update on the Commission’s findings, failure of which the case would proceed to trial.
