The collapse of reconciliation talks before the National Cohesion and Integration Commission (NCIC) has forced the Milimani Magistrate’s Court to direct that the hate speech case against Mumias East MP Peter Salasya proceed to full hearing.
Senior Resident Magistrate Paul Mutai fixed the matter for hearing on January 17, 2026, after being informed that the conciliation process had stalled following the expiry of the NCIC commissioners’ term.
Prosecutor Virginia Kariuki told the court that the Commission, which had been expected to mediate between the parties, was unable to act because its mandate lapsed before the talks could begin.
“The conciliation proceedings stalled following the expiry of the Commission’s term,” she explained, prompting the magistrate to remark that the case had been delayed for too long and must now proceed.
In his ruling, Magistrate Mutai said the court could not rely on an institution that was no longer operational to handle a criminal matter, emphasizing that justice must move forward even in the absence of the Commission.
Last month, the prosecution had successfully applied to have the matter referred to the NCIC in hopes that it could facilitate a peaceful resolution in line with its national harmony mandate. The plan was abandoned after the Commission’s leadership transition rendered it inactive.
The magistrate further observed that the NCIC should ideally act before criminal charges are filed, noting that its preventive role is key to managing hate speech cases before they escalate.
The prosecution, however, clarified that while the Office of the Director of Public Prosecutions (ODPP) and NCIC operate independently, they often collaborate in investigating and resolving hate speech complaints.
The case stems from remarks allegedly made by MP Salasya at a public event earlier this year statements that the ODPP says were inflammatory and capable of inciting ethnic tension.
With the NCIC now inactive, several other hate speech cases that had been earmarked for conciliation remain in limbo, raising wider concerns over the fate of ongoing cohesion-related prosecutions.
