Chief Justice Martha Koome has defended the issuance of bail and bonds after President William Ruto criticized the Judiciary for granting anticipatory bail to corruption suspects.
Speaking on Thursday, August 14, during the Annual Law Society of Kenya (LSK) conference in Kwale County, Koome said accused persons have a right to be granted bail or bond.
"Our courts have continued to grant bail and bond to accused persons brought before our courts in instances where parties have been dissatisfied with bail and bond terms imposed by the magistrates, they have swiftly moved to the high court for review of the terms and the high court has reviewed those terms to ensure fairness and professionality,” she stated.
The Chief Justice said the Executive should seek redress through appeals and reviews if it feels aggrieved by a judicial decision.
“My position has been unequivocal, any party aggrieved by a judicial position, even if it’s the government, the executive, they must seek redress through appeals or reviews, not through defiance or vilification of judges or judicial officers,” Koome added.
Read More
Further, the Chief Justice stressed that the Judiciary is independent and urged lawyers to remain vigilant in defending the Judiciary.
“Judicial independence is not a privilege for judges and judiciary officers, it’s a safeguard for all citizens. I urge the bar to remain vigilant in defending judicial independence against any attempts to intimidate or threats to judicial officers,” she stated.
On Wednesday, August 13, President Ruto faulted the Judiciary over granting anticipatory bail to corruption suspects.
The Head of State, who was speaking during the Devolution Conference in Homa Bay County, said the anticipatory bail undermines the fight against graft.
President Ruto termed anticipatory bail as a Kenyan innovation, taking the country backwards.
“I ask the judiciary not to be a haven for the corrupt to hide behind judicial decisions. We have innovations that are only available in Kenya, which allow a corrupt person or someone who has stolen public resources or someone in breach of law not to be prosecuted, something called ‘anticipatory bail’, which is a Kenyan innovation that takes us backwards,” Ruto stated.
An anticipatory bail is a legal safeguard that allows one to seek bail in anticipation of being arrested by the police.
