Mumias East Member of Parliament Peter Salasya could be facing a court trial over alleged hate speech remarks he made on his X (formerly Twitter) account, following new developments in the case.
Senior Magistrate Paul Mutai on Monday referred the matter to the National Cohesion and Integration Commission (NCIC) for review and recommendations, warning that the legislator risked a full trial if the Commission failed to make significant progress.
The referral followed a request by the Office of the Director of Public Prosecutions (ODPP) to allow NCIC to examine the case before determining the next legal steps.
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“The Commission has been tasked to review the allegations and give its recommendations. The matter will be mentioned on November 11 for an update, failure to which the case will proceed to trial,” Mutai stated.
Salasya was also directed to appear before NCIC for questioning as part of the Commission’s preliminary assessment.
The prosecution clarified that NCIC’s role in the process would be limited to evaluating the case and advising the ODPP, and not determining the MP’s guilt or innocence.
Under the National Cohesion and Integration Act (NCIC Act), 2008, hate speech is a criminal offence punishable by a fine of up to KSh 1 million, imprisonment for three years, or both.
However, if recent proposals under the National Cohesion and Integration (Amendment) Bill, 2022 are enacted, individuals found guilty of hate speech could face ten years in jail or a fine of KSh 10 million, especially for content published or shared through digital platforms and media.
The amendments also propose barring convicted persons from holding public office for five years.
Salasya was earlier charged with hate speech over inflammatory remarks made in May, allegedly targeting members of two ethnic communities.
According to the charge sheet, the MP “intentionally published remarks on his X account, knowing that they were insulting, inciting, and calculated to stir up ethnic hatred between the two communities.”
The case remains under review as NCIC begins its investigation and prepares its findings for the ODPP ahead of the November 11 mention date.