The Law Society of Kenya (LSK) has demanded immediate arrest of Mumias East Member of Parliament Peter Salasya after he was accused of threatening to kill a magistrate over an unfavourable ruling in Kakamega County on Monday, November 27, 2023.
In a statement, LSK President Eric Theuri condemned the incident, terming it a direct attack on the justice system.
"The Law Society of Kenya strongly condemns any form of intimidation or threats against judicial officers. The Society maintains that threats against judicial officers are not only an attack on the individuals involved but also pose a direct threat to the foundations of our democratic society.
"The Judiciary plays a pivotal role in upholding justice and any attempts at interference with its independence is a matter of grave concern," Theuri said on Tuesday night.
He called on DCI to conduct a thorough, speedy and impartial investigation to determine the facts surrounding the alleged threats.
"Judicial officers must be able to carry out their functions without fear of intimidation or threats while adhering strictly to the law. The safety of judicial officers is critical to maintaining the integrity of the Judiciary and we expect that all necessary steps will be taken to provide a secure environment for the Magistrate and indeed all judicial officers to carry out their mandate without interference," Theuri added.
"Furthermore, the Law Society of Kenya calls for the immediate arrest of Hon. Peter Salasya should the ongoing investigations substantiate the serious allegations against him."
The LSK boss noted that immediate legal action against the lawmaker is necessary to send a strong warning that threats against judicial officers will not be tolerated.
"Upholding the rule of law and ensuring accountability without bias is essential to preserving the integrity of our legal system and reinforcing the principle that no individual, regardless of their standing is above the law," he stated.
In a complaint lodged at the Kakamega Police Station on Monday, Magistrate Gladys Kiama of the Kakamega Small Claims Court claimed that MP Salasya threatened to take her life after she ordered the lawmaker to pay businessman Robert Lutta a debt of Ksh500,000 with accrued interest and cost of the case.
“At around 1230 hours 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, he (Salasya) confronted her (Magistrate) outside the courtroom and threatened to kill her and then took off,” the police report read in part.
"He (Salasya) has since been calling her number and texting threatening messages to her via WhatsApp. Investigations have commenced."
In the case, Lutta, through lawyer Edwin Wafula, had sued Salasya on October 23, alleging that he innocently loaned Salasya the amount in December last year in the hope that he would repay it in two months, but he became elusive.
In his defence, MP Salasya denied borrowing money from the businessman. He instead told the court that he was the one who loaned Lutta Ksh1 million through his political advisor Bernard Kemba.
However, the presiding magistrate dismissed the MP's counterclaim, terming it as inadequate, impassable and dissuasive.
The MP has since denied threatening the magistrate in a video shared on his social media pages.
