The Judicial Service Commission (JSC) has condemned what it terms an "attack" on judges over their bail and bond rulings for arraigned protesters.
In a statement issued on Thursday, July 17, JSC Secretary Winfridah Mokaya defended judicial officers, highlighting specific controversies at Nanyuki and Kahawa Law Courts. These rulings, pertaining to bail and bond for individuals apprehended during recent protests, have drawn significant public scrutiny.
Mokaya emphasised that decisions regarding bail and bond are never made arbitrarily. She clarified that these rulings are strictly guided by the provisions of the Constitution, the Criminal Procedure Code, and the Judiciary’s own Bail and Bond Policy Guidelines.
Rulings, pertaining to bail and bond for individuals apprehended during recent protests, have drawn significant public scrutiny.
The commission called for respect for the rule of law and the constitutional mandate of the judiciary in administering justice.
"In light of recent events, the Commission expresses deep concern over the escalating and unjustified personal attacks directed at judicial officers," the statement reads in part.
"These attacks, particularly those targeting decisions on bail and bond made at the Nanyuki and Kahawa Law Courts, have prompted a strong response from the Commission. Such actions are seen as a direct threat to the Judiciary’s autonomy and the rule of law."
111 individuals who were arrested in Nanyuki over the July 7 Saba Saba Day protests in Laikipia County were released on Ksh50,000 cash bail each after they were charged with property destruction.
On July 16, 37 individuals were also released on a cash bail of Ksh50,000 or an alternative bond of Ksh200,000 after they were charged with terrorism related offences over the recent anti-government protests.
The JSC statement followed an outcry from politicians and the public regarding the sentences handed down to those who participated in the protests.
Among those who criticised the rulings was former Chief Justice David Maraga, who stated that terrorism charges slapped on protesters were a way to suppress dissent.
The commission stated that any Kenyan who is not satisfied with the rulings has the right to seek an appeal or review.
"Any party dissatisfied with a ruling has the right to seek redress through established legal channels, such as appeals or reviews."
"However, personal attacks on judicial officers not only undermine their safety but also jeopardize the independence and integrity of the Judiciary as a whole," the statement added.
