Court withdraws hate speech case against MP Salasya after public apology

Mumias East MP Peter Salasya outside Milimani Law Courts on Feb 2, 2026. [Nancy Gitonga, Standard]

Mumias East MP Peter Salasya is now a free man after a Nairobi court on Monday allowed the withdrawal of his hate speech case following compliance with court orders/

Milimani Senior Principal Magistrate Paul Mutai, on Monday, February 2, 2026, terminated the case against MP Salasya under Section 87(a) of the Criminal Procedure Code after he fulfilled earlier directives to issue a public apology and run a social media peace campaign.

In his ruling, Magistrate Mutai stated that he had seen the report filed by the investigating officer confirming compliance with the court order, and that the report showed the MP had engaged in promoting peaceful coexistence and responsible use of media.

"There's evidence to show he's running a social media campaign. It is a continuous exercise, and the accused have to do more. I allow the withdrawal of the case and therefore cash bail to be refunded to the accused," the magistrate directed.

The withdrawal application was filed by the Director of Public Prosecutions (DPP), represented by Prosecutor Nora Achieng, citing an out-of-court settlement between Salasya and the National Cohesion and Integration Commission (NCIC) under Section 87(a) of the Criminal Procedure Code.

Despite the agreement, Magistrate Mutai last month emphasised that the terms must be fully executed before the case could be dropped, requiring tangible proof of the public apology and peace advocacy campaign.

"There is no evidence of compliance provided. I therefore direct that compliance be done within 14 days from today. The parties must hold a joint well-publicised conference at a place to be communicated by the NCIC and the accused person," the Magistrate had directed.

"Secondly, the accused person participates in a social media campaign during which the accused person shall advocate for peace, cohesion and integration within the country. The evidence of such activities is to be provided. I need to look at the press conference and the social media campaigns."

In May last year, the DPP charged MP Salasya with hate speech contrary to the National Cohesion and Integration Commission Act.

According to the charge sheet, Salasya was accused of publishing inciteful remarks likely to stir ethnic hatred on his verified X (formerly Twitter) account, @pksalasya, on May 10, 2025, at an unknown location within Kenya.

The MP pleaded not guilty when he appeared before the magistrate and was released on a surety bond of Sh400,000 or cash bail of Sh200,000.

The DPP, through Prosecutor Nora Achieng, had applied to have the matter withdrawn, referencing an agreement between the MP and the National Cohesion and Integration Commission (NCIC) to resolve the dispute outside court.

The prosecution had initially referred the matter to NCIC on October 8, 2025, following a court directive.

State Prosecutor Virginia Kariuki from the Office of the Director of Public Prosecutions (ODPP) had requested time for the Commission to assess the case and provide recommendations.

Salasya was arrested in May 2025 following allegations that he made inciting utterances during political rallies in Meru and Isiolo, as well as along his travel route toward Nanyuki.

The remarks allegedly contained inflammatory content that risked provoking ethnic tensions.

MP Salasya left Milimani Law Courts on Monday, vowing not to repeat the offence.