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The release of MP Peter Salasya on Ksh200,000 bail was grounded in a legal assessment that, despite the severity of the charges, there was no compelling reason to keep him in custody. The prosecution had requested continued detention over alleged hate speech that authorities said could incite ethnic tensions.
However, the presiding magistrate emphasized that hate speech, while serious, is a bailable offense unless prosecutors can prove the accused is a flight risk, a threat to public safety, or likely to interfere with investigations. None of these thresholds were convincingly met.
The court also took into account the fact that Salasya voluntarily presented himself and had no previous criminal record. His status as a sitting MP with known residence and responsibilities weighed in his favor. As such, the judge ruled that pre-trial detention would be excessive and unnecessary, granting his release on bond terms that would ensure his availability for future court appearances.
Beyond the technical legal aspects, Salasya’s legal team mounted a fierce defense centered on procedural irregularities during his arrest. They argued that his arrest was executed in a “militarized” fashion, with plainclothes officers intercepting his convoy, deflating his car tires, and reportedly denying him access to his lawyers for several hours post-arrest. These allegations of heavy-handedness were presented in court as evidence of possible state overreach and an attempt to intimidate rather than pursue justice.
The judge acknowledged these claims, stating that while they would be further scrutinized during trial, they raised serious concerns about the manner in which the law was enforced. This further undermined the prosecution's attempt to justify holding Salasya in custody, reinforcing the argument that due process had not been fully observed in his apprehension.
The court was careful not to dismiss the potential political undertones in the case. Salasya's lawyers claimed that the hate speech charges were being used selectively to silence a vocal and rising political figure. Although the court did not directly weigh in on whether the arrest was politically motivated, the magistrate stressed that political differences should not cloud the administration of justice.
Public interest was also considered. The case has drawn national attention, with some factions calling for stricter hate speech enforcement and others warning against using the law as a political weapon. In this highly polarized context, the court appeared to strike a balance—allowing Salasya temporary freedom while signaling that the seriousness of the allegations would still be addressed in full during trial.
As part of his bail terms, Salasya was required to deposit Ksh200,000 in cash or sign a bond worth Ksh500,000. He was also warned against making any public statements regarding the case, particularly those that might inflame further tensions. The magistrate instructed that any breach of these terms would lead to immediate cancellation of bail and possible re-arrest.
The case is now set to resume in early June, when both the prosecution and defense will begin to submit evidence. Salasya, though free for now, faces a long legal battle that could define his political future.
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