The Judiciary has condemned the alleged death threats levelled against Kakamega Law Courts Resident Magistrate Gladys Kiama after she rendered judgment in a case involving a sitting MP.
In a statement on Wednesday dispatched by the Office of the Chief Registrar, the Judiciary said it was "deeply concerned" about such threats as they undermine judicial independence.
"Litigants should know that the only option available to them when aggrieved by a judicial determination is to appeal or apply for a review of the subject decision and not to resort to threats to Judicial Officers," the statement reads in part.
The Judicial Service Commission said on Wednesday it is investigating the alleged intimidation, threatening and harassment of a magistrate.
It emerged on Tuesday that Mumias East MP Peter Salasya allegedly intimidated the magistrate over a case in which he was the respondent.
In her judgment, Kiama ordered the MP to pay a businessman Sh500,000 owed to him plus interest accrued since December 2022.
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 law court.
Kiama reported to the police about the alleged threats on Tuesday and investigations were launched to get the MP and hear his side of the story.
Attempts by the the Star to contact the MP on Tuesday did not bear fruits as he did not respond to messages.
His mobile phone was switched off but when it was switched back on, the MP did not answer our calls.
But through his X account, Salasya denied threatening the magistrate 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).
Salasya also added that he was not running from the law.
The Judiciary, however, said such conduct is dishonourable and unbecoming of a Member of the National Assembly and should be condemned by all those who hold dear the tenets of constitutionalism and the rule of law.
"The matter has been reported to the police and we call for expedited investigations and action by security agencies. This is necessary to assure Honourable Judges, Judicial Officers and Judiciary staff that their safety is guaranteed as they discharge their constitutional and legal mandate," the statement said.
The Judiciary pointed out that the safety of judicial officers and other staff is key to the fair administration of justice.
"Threats to harm a Judicial Officer threaten the vitality of our constitutional order and as such, appropriate action will be pursued to hold to account anybody resorting to extra-legal means to settle any grievance arising from a judicial determination."