Trial looms for Salasya hate speech case after conciliation talks collapse

The hate speech case against Mumias East Member of Parliament Peter Salasya is now set to proceed to a full trial.

This was after reconciliation efforts before the National Cohesion and Integration Commission (NCIC) stalled due to the expiry of the Commission’s term.

During the mention before Senior Resident Magistrate Paul Mutai at the Milimani Law Courts on Tuesday, State Prosecutor Virginia Kariuki informed the court that the NCIC could no longer undertake the conciliation process

She explained that the process stalled after the commissioners’ term expired before the talks commenced.

As a result, the Commission was therefore not in a position to carry out the dialogue that the court had earlier approved as a possible pathway to settlement, she argued.

“The conciliation proceedings stalled following the expiry of the Commission’s term,” the State Counsel told the court.

The court fixed the hearing for January 17, 2026.

The magistrate noted that the matter had lingered for several weeks pending the outcome of the referral to NCIC and said the court could not continue to rely on an institution that was no longer operational.

He ruled that the case should now proceed to a hearing without further delay.

Earlier, the court allowed an application by the prosecution to refer the case to NCIC for review, with the aim of assessing whether the dispute could be addressed through out-of-court settlement.

The MP had also expressed willingness to pursue the settlement. He had written to the Office of the Director of Public Prosecutions (ODPP), indicating that he preferred dialogue over litigation.

“I have written a letter to the DPP so that this matter can be resolved outside court,” the MP told the magistrate.

Magistrate Mutai questioned why the Commission had not been involved earlier in the process, noting that NCIC’s preventive and advisory role is typically engaged before charges are filed.

The prosecution responded that while the ODPP and NCIC often collaborate on hate speech matters, each operates independently and relies on the timing of reports and investigations.

Interior CS Kipchumba Murkomen appointed six members to the National Cohesion and Integration Commission selection panel.

In a gazette notice dated November 3, the CS declared impending vacancies in the position of chairperson and seven members of the commission, with effect from November 17, 2025.

According to the gazette notice, there are impending vacancies in the membership of the Commission arising from the anticipated expiry of the six-year non-renewable term of office of the current members with effect from November 17, 2025.

The case stems from statements allegedly made by the MP during political engagements earlier this year in Meru, Isiolo, and along a travel route toward Nanyuki.

Salasya has denied the charges and is currently out on a Sh200,000 cash bail.