Judges To Consider ‘Wealth Status’ Of Accused Before Awarding Bonds

Chief Justice Dr. Willy Mutunga said that the Bail and Bonds Policy, launched Friday afternoon, gives guidelines on how the bails and bonds will be implemented.

The CJ said that it was important to have the policy in place so as to promote some level of equality by not oppressing the poor or favouring the rich when awarding bails and bonds.

“Judiciary is guided by the Constitution of Kenya and must support and promote equality. By awarding bonds according to the status of the accused, judiciary will be playing its part in the same,” said Dr. Mutunga.

The Chief Justice noted with concern the increased cases of accused persons being unable to raise the awarded bails or bonds saying that it was a clear indication that the bails or bonds are beyond their status.

CONTEMPT OF COURT

The guidelines, according to the CJ – who launched them at the Supreme Court, will help tame cases of exorbitant and unaffordable bail terms.

He further challenged the judiciary and the police to weed out corruption for the effective implementation of the Policy guidelines which he termed as key in the administration of justice.

Attorney General Prof Githu Muigai, who was in attendance, challenged the CJ to also look at the Contempt of Court saying that courts were misusing the Act.

On his part, the Director of Public Prosecutions Keriako Tobiko said this will address cases of contradicting judgments and blame game witnessed before.

In May last year, the CJ commissioned a taskforce, Chaired by the Registrar of the Judiciary to formulate the guidelines. The CJ has promised to gazette the policy.

By Ken Aseka