Judiciary Slams MP Peter Salasya For Threatening Judge, Goes After Him

The Magistrate made the ruling in the case where he was accused of refusing to settle a Ksh500,000 debt owed to a businessman in Kakamega.

Judiciary Slams MP Peter Salasya For Threatening Judge, Goes After Him
Mumias East Member of Parliament Peter Salasya speaks on the side-lines of the Africa Climate Summit at the Kenyatta International Convention Centre in Nairobi on September 4, 2023. /CITIZEN DIGITAL

The Judicial Service Commission (JSC) has condemned Mumias East Member of Parliament Peter Salasya for allegedly threatening to kill a Magistrate.

A police report previously filed on the matter by a Kakamega-based magistrate at Kakamega Central Police Station indicated that the lawmaker threatened to kill Resident Magistrate Gladys Kiama of Kakamega Law Courts over a case she ruled against him.

The Magistrate made the ruling in the case where he was accused of refusing to settle a Ksh500,000 debt owed to a businessman in Kakamega.

CJ Martha Koome during Supreme Court proceedings on the 2022 presidential election petition. /ZAKHEEM RAJAN

"It was reported by Hon Gladys Kiama female adult aged 32 years and a Resident Magistrate at Kakamega Law Courts that today at around 1230hours while at Kakamega Law Courts, having delivered a judgement in a small claim matter vide case no. SSC E541/2023 against Hon. Peter Salasya, MP for Mumias East Constituency where he had been sued for failing to refund the money loaned to him by the claimant," the OB report read in part.

"He confronted her outside the courtroom and threatened to kill her and then took off."

However, the report prompted Salasya to release a recorded video on his X page claiming that the Magistrate was seeking to ruin his reputation by chasing clout through the media.

"Let the Kakamega court and lawyers be informed that we are busy working. As for that woman seeking media attention, let her come, find, and arrest me," Salasya dared, accusing the court of being corrupt. 

The report forced JSC, led by Chief Justice (CJ) Martha Koome to censure the MP over the alleged threats, stating that he had interfered with the work of the Judiciary.

"The Commission has received information that Hon. Peter Salasya, MP Mumias East, has been threatening, intimidating and harassing a Hon. Magistrate presiding over a case in which he is a party.

These persistent threats during the hearing and after the delivery of the judgement have been reported at the Kakamega Central Police Station. The Commission condemns such acts in the strongest terms possible," JSC stated in part on Wednesday, November 29.

The Commission made reference to the Constitution of Kenya 2010 which entrenches the independence of the Judiciary, which is only subject to the Constitution and the law; and is not subject to the control or direction of any person or authority.

As a result, JSC noted that any attempt to interfere with the independence of the Judiciary, including the decisional independence of any Judge or Judicial Officer is an affront to the Constitution of Kenya, which all state officers, such as Members of Parliament took an oath to protect and defend.

It further stated that the rule of law is one of the National Values espoused under Article 10 of the Constitution and it is expected that all Kenyans uphold the same.

"The Commission has deployed its team to the ground to conduct further investigations and engage the agencies handling the matter with a view of taking appropriate action in line with its mandate," JSC revealed its next course of action.

The Commission reiterated that the decisional independence of a Judge or Judicial Officer must be safeguarded at all times, and when litigants are aggrieved by the decision of the court, they may seek redress through the appellate process.

JSC went on to reassure all Judges, Judicial Officers and Staff, of its continued commitment to protect and safeguard the independence of the Judiciary.

The Law Society of Kenya (LSK) also asked the Directorate of Criminal Investigations (DCI) to investigate Salasya, with LSK calling for the immediate arrest of Salasya in the event the investigations substantiate the gross allegations levelled against him.

DCI headquarters located along Kiambu Road in Nairobi. /NATIONAL POLICE SERVICE