Court Refers Salasya Hate Speech Case to NCIC for Review

The hate speech case involving Mumias East Member of Parliament Peter Salasya has been referred to the National Cohesion and Integration Commission (NCIC) for review and recommendations. This directive, issued by a Nairobi court on Wednesday, October 8, 2025, follows a request from the Office of the Director of Public Prosecutions (ODPP).

State Prosecutor Virginia Kariuki informed Senior Resident Magistrate Paul Mutai that the NCIC requires time to assess the matter and advise on the appropriate course of action. The ODPP is seeking a two-month mention to confirm the Commission's findings.

Magistrate Mutai questioned whether referring the case to the NCIC would create a parallel legal process. The prosecution clarified that the NCIC's role is strictly advisory, focused on evaluating the facts and making recommendations to the ODPP, rather than determining guilt or innocence.

Historical and Political Context

Peter Kalerwa Salasya, elected as Mumias East MP in the 2022 general election under the Democratic Action Party–Kenya (DAP-K) ticket, has gained a reputation for his outspoken and often controversial statements. He was charged on May 19, 2025, with hate speech, accused of publishing inflammatory remarks on his verified X (formerly Twitter) account on May 10, 2025. The prosecution alleges these remarks were ethnically inflammatory and posed a risk to national cohesion.

The specific content of the alleged inciteful post was not disclosed in court, but the charge sheet stated that the MP intentionally published words calculated to stir up ethnic hatred between two specific communities.

Laws, Policy, and Governance

Hate speech in Kenya is primarily governed by the National Cohesion and Integration Act (NCIC Act) of 2008. This Act defines hate speech as the use of threatening, abusive, or insulting words intended or likely to stir up ethnic hatred. The Act specifies that ethnic hatred refers to animosity against a group based on color, race, nationality, or ethnic or national origins.

The Kenyan Constitution of 2010 also explicitly prohibits hate speech, stating that freedom of expression does not extend to incitement to violence, hate speech, or advocacy of hatred that constitutes ethnic incitement, vilification of others, or incitement to cause harm.

A person convicted of hate speech under the NCIC Act is liable to a fine not exceeding KES 1,000,000, imprisonment for up to three years, or both. There are ongoing proposals to amend the law, which could see penalties increase to a ten-year jail term or a KES 10 million fine, along with a five-year disqualification from holding public office for those convicted.

Stakeholders and Testimonies

The ODPP and the NCIC, while independent entities, are mandated to collaborate closely on cases involving hate speech and national cohesion. Magistrate Mutai emphasized the importance of the DPP ensuring all relevant procedures are followed before arraigning an accused person in such matters, questioning why the NCIC had not been consulted prior to Salasya being charged.

The NCIC's role is to promote national cohesion and integration and to investigate accusations of discrimination. The Commission has previously warned against a growing wave of political intolerance, characterized by personal insults, hate speech, and incitement at public rallies, vowing to take action against violators of the NCIC Act.

Evidence/Data Box

• Charge Date: Mumias East MP Peter Salasya was charged with hate speech on May 19, 2025.
• Alleged Offence Date: The alleged inciteful post was made on Salasya's X account on May 10, 2025.
• Legal Framework: Hate speech is punishable under Section 13 of the National Cohesion and Integration Act, 2008.
• Current Penalties: Up to KES 1,000,000 fine, three years imprisonment, or both.
• Proposed Penalties: Up to KES 10,000,000 fine, ten years imprisonment, and five-year disqualification from public office.
• Next Court Mention: November 11, 2025, for an update on NCIC's review.

Risks and Implications

The referral of this high-profile case to the NCIC highlights the complexities of prosecuting hate speech, particularly when balancing freedom of expression with the need to maintain national cohesion. Delays in such cases can perpetuate societal imbalances, making expedited legal processes crucial.

The outcome of this review could set a precedent for how similar cases involving public figures and social media are handled in Kenya. It also underscores the ongoing challenge of effectively enforcing hate speech laws, which have sometimes faced difficulties in securing successful convictions due to factors like case backlogs and the nuanced distinction between hate speech and free speech.

Unknowns and Controversies

The specific content of the alleged hate speech post by MP Salasya has not been publicly disclosed, leaving the exact nature of the incitement open to interpretation. The magistrate's query regarding the timing of NCIC's involvement also raises questions about the initial procedural steps taken by the ODPP in this case.

Timeline and Next Steps

MP Salasya was charged on May 19, 2025. The case was referred to the NCIC on Wednesday, October 8, 2025. The next court mention is scheduled for Monday, November 11, 2025, at which point an update on the NCIC's review and recommendations is expected. Should no substantial progress be reported, the matter will proceed to a full hearing.

What to Watch

All eyes will be on the NCIC's recommendations and the ODPP's subsequent actions on Monday, November 11, 2025. This case is a critical test of Kenya's commitment to tackling hate speech, particularly from political leaders, and ensuring that due process is rigorously followed. The ongoing debate surrounding proposed amendments to hate speech laws and their potential impact on penalties also remains a key area of interest.