JSC to probe alleged intimidation of magistrate by MP

Says it has deployed a team to investigate, engage agencies handling the matter

In Summary
  • JSC said it has deployed a team to the area to investigate and engage the agencies handling the matter.
  • Condemning the alleged acts "in the strongest terms possible," the Commission noted that the probe will help it take the appropriate action as per its mandate.
The Judiciary
The Judiciary
Image: FILE

The Judicial Service Commission is investigating the alleged intimidation, threatening and harassment of a magistrate by Mumias East MP Peter Salasya.

In a statement on Wednesday morning, JSC said it has deployed a team to the area to investigate and engage the agencies handling the matter.

Condemning the alleged acts "in the strongest terms possible," the Commission noted that the probe will help it take the appropriate action as per its mandate.

On Tuesday, it emerged that Salasya had allegedly intimidated Kakamega resident magistrate Gladys Kiama over a case to which he was a party.

Kiama had delivered the judgement ordering the first-time MP to pay a businessman Sh500,000 owed to him plus interest accrued since December 2022.

In her decision, she dismissed Salasya's counterclaim against paying the debt as inadequate, implausible and dissuasive.

Salasya is said to have been aggrieved by the decision and allegedly confronted the magistrate outside the local court.

Kiama reported to the police about the alleged remarks on Tuesday and investigations were launched to get the MP and hear his side of the story.

Police, however, said he was not reachable and the Star's attempts to reach him did not bear fruit as our messages were not responded to.

His mobile phone had also been switched off but when it was switched on, he did not pick up our call.

Through his social media, Salasya has since denied the claims, saying he was not around at the time the confrontation is said to have taken place.

"Mimi nilikuwa nimetravel. Flight yangu ya Kisumu to Nairobi ilikuwa saa mbili. Nikakuwa kwa mkutano hapa Garden Hilton kuanza saa tano nimekuwa pale," he said.

(I had travelled. My flight from Kisumu to Nairobi was at 8am. I went to a meeting at Garden Hilton and I had been there since 11 am).

He also added that he was not running from the law.

The Constitution observes that the judiciary is an independent agency and is not subject to the control or direction of any person or authority.

Highlighting this, JSC pointed out that an attempt to interfere with the judiciary's independence is an insult to the constitution, which all state officers took an oath to protect and defend.

The Commission reiterated that the decisional independence of a judicial officer must be safeguarded at all times.

It noted that in the case that parties in a lawsuit are aggrieved by a decision, they should seek a remedy through the appellate process.

"The Commission wishes to reassure all judges, judicial officers and staff, of its continued commitment to protect and safeguard the independence of the judiciary," JSC assured.

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