NAIROBI, Kenya – A Nairobi magistrate’s court has directed that the hate speech case against Mumias East MP Peter Salasya be referred to the National Cohesion and Integration Commission (NCIC) for review and recommendations before the matter proceeds to full hearing.
The decision followed an application by State Prosecutor Virginia Kariuki from the Office of the Director of Public Prosecutions (ODPP), who asked the court to allow the Commission to assess the case and advise on the next course of action.
“We are seeking a further mention in two months to confirm whether the Commission has finalized this matter,” Kariuki told the court.
Presiding Senior Resident Magistrate Paul Mutai questioned whether referring the case to NCIC could lead to a parallel process outside the court.
In response, the prosecution clarified that the Commission’s involvement would be purely advisory and not judicial.
“The offence in question involves alleged incitement of the public. The Commission’s role is advisory—to evaluate the case and advise the DPP, not to determine guilt or innocence,” Kariuki said.
Magistrate Mutai further asked why the NCIC had not been consulted earlier before Salasya was charged.
The prosecution maintained that while the DPP and NCIC operate independently, they collaborate closely in cases touching on hate speech and national cohesion.
“The DPP should ensure all avenues are explored before arraigning an accused person,” the magistrate observed, urging prosecutors to follow due process in such sensitive matters.
The court granted the application and scheduled the case for mention on November 11, 2025, to receive an update on NCIC’s findings. If no progress is reported, the matter will proceed to hearing.
Salasya was charged on May 19, 2025, with hate speech, accused of making inflammatory social media remarks targeting members of a specific community. He denied the charges.
