Court Refers MP Peter Salasya’s Hate Speech Case to NCIC for Review

A Nairobi court has ordered that the hate speech case against Mumias East Member of Parliament Peter Salasya be forwarded to the National Cohesion and Integration Commission (NCIC) for a thorough review and recommendations. The directive aims to ensure a comprehensive evaluation of the allegations before the court decides on the next steps in the legal proceedings.

The decision followed an application by State Prosecutor Virginia Kariuki from the Office of the Director of Public Prosecutions (ODPP). Kariuki requested that the NCIC assess the case to determine whether Salasya’s alleged remarks meet the legal threshold for hate speech. She emphasized the importance of the Commission’s expertise in matters related to national cohesion and hate speech, stating that its input would guide the prosecution’s approach.

Kariuki informed the court that the prosecution seeks a further mention in two months to confirm whether the NCIC has completed its review. This timeline allows the Commission sufficient time to analyze the case and provide its recommendations.

During the proceedings, Milimani Senior Resident Magistrate Paul Mutai raised concerns about the potential for a parallel process, questioning whether referring the case to the NCIC could overlap with the ongoing court proceedings. In response, Kariuki clarified that the Commission’s role would be strictly advisory, with no judicial authority to make determinations on the case. She explained that the NCIC’s involvement is intended to provide expert guidance on whether the MP’s remarks constitute incitement of the public, as alleged.

Magistrate Mutai further inquired why the NCIC had not been consulted before Salasya was formally charged. Kariuki noted that while the ODPP and NCIC operate independently, collaboration between the two bodies is common in cases involving hate speech and national cohesion. She assured the court that the referral would streamline the process and ensure a well-informed decision.

The magistrate stressed the importance of exhausting all preliminary procedures before bringing such cases to court. He directed the ODPP to ensure that all necessary steps, including consultations with relevant bodies like the NCIC, are completed prior to arraigning an accused person.

The court granted the prosecution’s application and scheduled the case for mention on November 11, 2025. During this session, the court will receive a status report on the NCIC’s findings. Should the Commission fail to finalize its review by the set date, the case will proceed to a full hearing.

Salasya was charged on May 19, 2025, with hate speech following allegations that he made inflammatory remarks on social media targeting members of a specific community. The case has drawn significant attention due to the serious nature of the accusations and the involvement of a sitting Member of Parliament.