Mumias East Member of Parliament Peter Salasya’s hate speech case has been referred to the National Cohesion and Integration Commission (NCIC) for review and recommendations. Senior Magistrate Paul Mutai made the ruling while warning that the MP could face a full trial if sufficient progress is not made in the matter.
The case, which stems from remarks the lawmaker allegedly made on social media in May, was brought before the court after the Office of the Director of Public Prosecutions (ODPP) requested that NCIC be allowed to assess the case before further legal steps are taken.
In his ruling, Magistrate Mutai directed Salasya to appear before the NCIC for questioning and fixed the case for mention on November 11, when the court will receive an update on the Commission’s findings. Should NCIC fail to provide progress by that date, the matter will proceed to trial.
The prosecution emphasized that NCIC’s role would strictly be to evaluate and advise the ODPP on the case, not to determine guilt or innocence. Under the National Cohesion and Integration Act (2008), hate speech is a criminal offense punishable by up to three years in jail, a fine of Ksh1 million, or both.
However, proposed amendments to the law through the National Cohesion and Integration (Amendment) Bill, 2022, could see tougher penalties. Those convicted of hate speech may face up to ten years in prison or a Ksh10 million fine, and could also be barred from holding public office for five years.
Salasya’s charge sheet indicates that he intentionally posted inflammatory remarks on his X (formerly Twitter) account, targeting members of two ethnic communities. The statements, according to the prosecution, were intended to incite hatred and ethnic hostility.
The NCIC’s findings will determine whether the case advances to a full trial or is settled through administrative measures.
