DPP Told to Follow Due Process in Salasya Hate Speech Case
A magistrate’s court has ordered that the hate speech case against Mumias East Member of Parliament Peter Salasya be referred to the National Cohesion and Integration Commission (NCIC) for review and recommendations.
The firebrand MP was charged on May 19, 2025, with hate speech, accused of posting inflammatory remarks on social media that allegedly targeted members of a specific community.
The directive followed a request 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 before determining the next steps.
“We are seeking a further mention in two months to confirm whether the Commission has finalized this matter,” Kariuki told the court.
Senior Resident Magistrate Paul Mutai, who presided over the hearing, questioned whether referring the matter to the NCIC could create a parallel process. In response, the prosecution clarified that the Commission’s role would be limited to reviewing the case and offering recommendations to the DPP, not determining guilt or innocence.
“The offence in question involves alleged incitement of the public. The Commission’s role is advisory and not judicial,” the prosecutor explained.
The magistrate also questioned why the NCIC had not been involved earlier in the process before the MP was charged. The prosecutor responded that although the DPP and NCIC function independently, they collaborate closely in matters relating to hate speech and national cohesion.
Magistrate Mutai urged the DPP to ensure all procedural steps are taken before charging individuals in such cases.
“The DPP should ensure all avenues are explored before arraigning an accused person,” he said.
The court granted the application and set the case for mention on November 11, 2025, to receive an update on the NCIC’s review. If no progress is reported by then, the matter will proceed to a full hearing.
