The Judicial Service Commission (JSC) has strongly condemned what it describes as unwarranted attacks on judges over their decisions on bail and bond for protesters who were recently arraigned in court.
In a statement released on Thursday, July 17, JSC Secretary Winfridah Mokaya came to the defense of judicial officers, pointing out that there has been growing criticism, particularly regarding bail and bond rulings made at the Nanyuki and Kahawa Law Courts. These cases involve individuals who were arrested during the recent wave of anti-government protests.
Mokaya clarified that such decisions are never made carelessly or without legal guidance. She emphasized that judges and magistrates strictly follow the Constitution of Kenya, the Criminal Procedure Code, and the Judiciary’s Bail and Bond Policy Guidelines when determining whether to grant bail or bond, and under what terms.
These rulings, especially in the cases involving protesters, have sparked intense debate and criticism from both members of the public and political leaders.
However, the JSC stressed that the law must be respected and that the independence of the Judiciary should never be compromised.
“In view of recent developments, the Commission is deeply alarmed by the increasing number of unjustified and personal attacks against judicial officers,” the statement read. “These particular attacks, especially those aimed at decisions made at the Nanyuki and Kahawa Law Courts, are of grave concern to the Commission.
Such conduct poses a serious threat to the independence of the Judiciary and undermines the rule of law.”
The statement comes after 111 individuals who were arrested in Nanyuki during the Saba Saba Day demonstrations on July 7 in Laikipia County were each granted release on a cash bail of Ksh50,000. They had been charged with destruction of property during the protests.
Additionally, on July 16, another 37 individuals were granted bail under similar terms—Ksh50,000 in cash or an alternative bond of Ksh200,000—after being charged with terrorism-related offenses linked to the ongoing anti-government demonstrations.
These court decisions triggered a backlash from some politicians and concerned members of the public, who questioned the severity of the charges.
Among the critics was former Chief Justice David Maraga, who openly voiced his disapproval, stating that slapping terrorism charges on protesters was a clear attempt to silence and intimidate citizens for expressing their dissent.
In response, the JSC reaffirmed that Kenya’s legal system allows for any person dissatisfied with a ruling to pursue lawful means of challenging it.
“Anyone unhappy with a court’s decision has the full right to file an appeal or request a review through appropriate legal channels,” the Commission stated.
“However,” the statement added, “targeting judicial officers through personal attacks is unacceptable. Such actions endanger the safety of judges and magistrates and threaten the integrity and independence of the entire Judiciary.”
The Commission urged the public to uphold the principles of justice and the rule of law, stressing that personal criticism against judges only serves to weaken trust in the judicial system and disrupt the fair administration of justice in the country.
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