A Nairobi court has put on hold the adoption of an out-of-court settlement between Mumias East MP Peter Salasya and the National Cohesion and Integration Commission (NCIC) in his ongoing hate speech case, after finding that key conditions of the agreement remain unfulfilled.
Senior Resident Magistrate Paul Mutai delivered the ruling on Monday, January 19, stating that the court could not approve the settlement until Salasya fully complies with its terms. Prosecutors told the court that they had received a formal agreement between the outspoken legislator and the NCIC, which outlines several obligations intended to promote national cohesion and peaceful coexistence.
The prosecution informed the court that once the agreement takes effect, it plans to withdraw the case under Section 78A of the Criminal Procedure Code. However, the magistrate noted that Salasya had yet to meet some of the specific requirements set out in the settlement, making it premature for the court to adopt it.
As a result, Magistrate Mutai declined to approve the agreement at this stage, insisting that compliance must come first.
“I will not adopt this agreement immediately. I will give you the chance to implement the agreed terms, after which the court will adopt the agreement,” the magistrate ruled.
Under the settlement terms, Salasya must issue a public apology and actively participate in a peace and cohesion campaign on social media as part of efforts to foster harmony and accountability.
“Before or upon the execution of this agreement, the parties shall jointly hold a well-publicised press conference at a venue and place to be communicated by the commission, in which the respondent shall communicate in public his apology,” the magistrate said.
The court directed that evidence proving compliance with these requirements be submitted within 14 days from the date of the ruling. Magistrate Mutai noted that meeting these conditions is essential to ensure the settlement achieves its objective of reconciliation and public responsibility.
The court will mention the matter on a later date to confirm compliance and determine whether to allow the withdrawal of the hate speech case against the Mumias East MP.
