NAIROBI, Kenya — The hate speech case against Mumias East MP Peter Salasya will now proceed to a full hearing after reconciliation efforts before the National Cohesion and Integration Commission (NCIC) collapsed due to the expiry of the commissioners’ term.
During a mention at the Milimani Law Courts on Tuesday, State Prosecutor Virginia Kariuki informed Senior Resident Magistrate Paul Mutai that the NCIC was no longer in a position to facilitate the court-approved conciliation process.
“The conciliation proceedings stalled following the expiry of the Commission’s term,” Kariuki told the court, explaining that the dialogue process had not commenced before the commissioners’ tenure lapsed.
As a result, Magistrate Mutai directed that the matter be set down for a full trial on January 17, 2026, noting that the case had been pending for several weeks, awaiting feedback from the Commission.
“The court cannot continue to rely on an institution that is no longer operational,” ruled the magistrate, adding that the case would now proceed without further delay.
Earlier, the prosecution had sought the court’s permission to refer the matter to the NCIC for possible mediation in line with the Commission’s mandate to promote reconciliation and national cohesion.
The MP had also expressed willingness to pursue an out-of-court settlement, writing to the Office of the Director of Public Prosecutions (ODPP) to that effect.
“I have written a letter to the DPP so that this matter can be resolved outside court,” Salasya previously told the court.
However, the NCIC’s six-year non-renewable term came to an end before the dialogue could begin. In a gazette notice dated November 3, 2025, Interior Cabinet Secretary Kipchumba Murkomen announced impending vacancies in the position of chairperson and seven members of the Commission, effective November 17, 2025, and appointed a selection panel to oversee recruitment.
The prosecution explained that while the ODPP and NCIC often collaborate on hate speech cases, each operates independently, and timing sometimes hinders preventive intervention before charges are filed.
The case against Salasya stems from alleged inflammatory statements made earlier this year during political engagements in Meru, Isiolo, and along the Nanyuki route. The MP has denied the charges and remains free on a Sh200,000 cash bail.
The upcoming trial will now test how the courts handle hate speech cases amid an ongoing transition at the NCIC, which plays a key advisory role in curbing ethnic tension and promoting harmony in Kenya’s political landscape.
