The Judiciary has defended its controversial bail decision that left families of 58 Saba Saba protestors in tears and despair outside Thika Law Courts, insisting the Ksh.100,000 cash bail per suspect was grounded in law and judicial independence.
Anguished cries erupted on July 16 from both inside and outside the courtroom as the suspects many of them young and first-time offenders pleaded behind cell gates.
Some mothers threatened to undress in protest, a traditional sign of deep grief and desperation in Kenyan culture.
The emotional scenes followed a magistrate’s ruling that each suspect must pay Ksh.100,000 in cash bail or post a Ksh.300,000 bond. For most families, the sum is far beyond reach.
In response to mounting public outrage, the Judicial Service Commission (JSC) on July 17 has released a statement condemning what it called “unwarranted attacks” on judicial officers.
Judiciary on Court Rulings
The commission stated that bail decisions are not arbitrary but based on established legal frameworks including the Constitution, the Criminal Procedure Code, and Judiciary’s Bail and Bond Policy Guidelines.
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“These decisions are informed by the specific facts and circumstances of each case,” the JSC stated.
“Vilifying judges for their rulings undermine judicial independence and public trust in the rule of law.”
The JSC’s statement comes amid growing backlash from civil society groups and human rights activists, who argue the bail terms are excessively punitive for youth charged with protesting peacefully on Saba Saba Day, a date historically linked with the struggle for democracy in Kenya.
The Judiciary urged those aggrieved to pursue lawful channels such as appeals and reviews rather than resorting to public intimidation.
“Any party aggrieved by a judicial decision… has an unfettered right to seek redress,” the statement read.
Mawego Police Station Charges
On the other hand, terrorism charges were leveled against eight men accused of torching Mawego Police Station in Homa Bay County.
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At the Kahawa Law Courts, the suspects were charged under the Prevention of Terrorism Act No. 30 of 2012 and the Penal Code. The charges included commission of a terrorist act, arson, and malicious damage to property.
Specifically, Count I accused the suspects of committing a terrorist act contrary to Section 4(1) of the Prevention of Terrorism Act. Count II charged them with arson under Section 332 of the Penal Code, while Count III related to malicious damage to property contrary to Section 339 of the Penal Code.
All eight suspects pleaded not guilty to the charges.
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