
JSC has condemned recent attacks aimed at judicial officers after delivering bails and bonds to suspects. Photo: JSC X.
The Judicial Service Commission (JSC) has condemned recent attacks against its officers after delivering ruling on cash bails and bonds to suspects, which the institution said it undermines its constitutional role and their independence to discharged justice to people.
Their concerns coming a day after Interior Cabinet Kipchumba Murkomen in his state of security address to the nation slammed the court for being too lenient by issuing a KSh 50,000 cash bail to suspects who interrupted a C-Section operation during Saba Saba protests in Kitengela Sub-County Hospital.
A similar incident was witnessed in Kahawa and Nanyuki Law Courts, where judges received criticism for releasing suspects on very considerate bonds and cash bails, which they termed as not enough punishment for such offenders.
“This pattern has recently been manifested in reaction to bail and bond decisions issued by the Nanyuki and Kahawa Law Courts. Such conduct misrepresents the Judiciary’s constitutional role, undermines judicial independence and corrodes public trust in the administration of justice a cornerstone of our democratic society,’ read the statement.
In a statement released by the secretary to JSC Winfridah Mokaya on Thursday, clarified that bail and bonds are not made arbitrarily, by decisions informed by the Constitution, Criminal Procedure Code and the Judiciary’s Bail and Bond Policy Guidelines.
According to Mokaya, the institutions provide a guided, structured and legal framework that clearly gives the criteria to the judiciary to exercise its duty with special consideration of the facts and circumstances of the case. The statement further reminding the public that the framework gives the judicial staffs mandate to perform its duty to course.
“Any party aggrieved by a judicial decision whether relating to bond or bail, or any other matter has an unfettered right to seek redress through appeals or reviews in accordance with the law. Resorting to personal attacks against the judicial officers not only subverts due process but also imperils the sanctity and independence of the judiciary,” read a part of the statement.
Mokaya assured the commitment JSC unwavering commitment to defend its independence, judicial officers and judges, lauding its officers in the country for exercising their constitutional mandate with courage, integrity and respect to the rule of law without fear.
She further urged the members of the public to respect dignity of judicial institutions, as well as civic leaders and the political class.