The Judicial Service Commission has today defended the judicial officers, condemning the vicious attacks on them in regards to granting of bail and bond terms.
In a statement, the Chief Registrar of Judiciary Winfridah Mokaya said that the attack was stemmed from decisions made at the Nanyuki and Kahawa law courts, a move which undermined the rule of law thus threatening to cripple the independence of the Judiciary
This came barely a day when a team of legal advocates led by former chief justice David Maraga, criticized the government at the Kahawa Law courts.
JSC said that the criminal justice system should not be weaponized in a move to subdue the arrested protesters whose majority of them are Gen-Zs and cannot raise the high bond and bail since they have no stable income.
Maraga strongly denounced the use of the Prevention of Terrorism Act and involvement of the Anti-Terrorism Police Unit (ATPU), equating it to violation of constitutional rights, such as freedom of assembly, freedom from arbitrary detention, and the right to reasonable bail.
He revealed that the bail and bond terms in the three protest-related cases ranged from Sh200,000 bond to Sh50,000 cash bail.
The commission in today’s statement termed the comments on granting the suspects bond and bail a misrepresentative to the role of judiciary and threatened the public confidence and the rule of law.
“Such conduct misrepresents the Judiciary’s constitutional role, undermines its independence and corrodes public trust in the administration of justice, a cornerstone of our democratic society,” Mokaya stated.
Additionally, the commission acknowledged public interest in court determinations. It also affirmed that the rulings made on release terms were guided by legal frameworks, and nor arbitrarily made.
The commission insisted that officers rely on the Constitution, the Criminal Procedure Code, and the Judiciary’s Bail and Bond Policy Guidelines when making a determination.
JSC provided that any dissatisfied party should seek redress by appealing noted that any party dissatisfied with a court ruling has the constitutional right to seek redress through appeals or reviews.
The commission has also reaffirmed its commitment to defending judicial independence of all the officers and judges while they discharge their constitutional duties with integrity and courage.
Additionally, ” resorting to personal attacks against judicial officers subverts due process and imperils the sanctity and independence of the Judiciary”
The commission assured the public that the office of chief registrar was in conjunction with the Judiciary Police Unit to enhance the security of the Judges, magistrates and court staff.
It further encouraged all the judicial officers to continue discharging their mandate with integrity, courage, fidelity to the law and remain free from bias or undue influence.
JSC has now called for sobriety, urging leaders and members of the public to engage with the Judiciary in the most respectful manner.
This followed claims by the advocates in the company of Maraga that bail and bond terms appeared arbitrary, urging the judicial officers to uphold their independence and resist pressure to turn the courts into political tools.
The advocates reiterated that Kenyans must be free to protest even against the judiciary.
