Havi: Corrupt magistrates, judges abusing bail and bond terms

Former Law Society of Kenya (LSK) President Nelson Havi on Spice. [Screengrab]

Former Law Society of Kenya (LSK) President Nelson Havi has accused judges and magistrates of setting unreasonable bail and bond terms, calling it a form of pre-trial punishment.

Havi alleged that some judicial officers are corrupt and are using bail decisions to penalise suspects even before they are convicted.

His comments came after chaos erupted at the Thika Law Courts yesterday, where relatives of 58 suspects protested steep bail terms of Sh100,000 in cash or a Sh300,000 bond, issued to young people charged with robbery with violence during the July 7 Saba Saba protests.

Havi, who is calling for a review of the bail and bond policy, said judicial officers must assess suspects' financial capacity before setting bail.

"Magistrates must stop being compromised...the buck stops with the head of the Judiciary, the Chief Justice. Martha Koome, summon your magistrates and give them the dictate of what the Constitution is all about," he said.

He noted that many of those charged in connection with the protests are unemployed and financially unstable youth now facing serious charges, including terrorism, charges he described as "trumped up" and urged to be dropped.

"I make a plea to President William Ruto to order the Interior CS to forego these trumped up charges and release these young men and women," Havi remarked.

"President Ruto, you are a father. This is not what you signed up for. You can't do this. It is bad, sinful, unconstitutional, and moronic. Let these children go home to their parents."

On Tuesday, Interior Cabinet Secretary Kipchumba Murkomen announced that more than 1,500 people were arrested during the protests. He criticised courts for granting what he considered lenient bail to suspects accused of torching police stations and other security installations.

Havi warned that the bail amounts, ranging from Sh50,000 to Sh200,000 could be declared excessive and unconstitutional if challenged in a superior court.

"On what basis are the magistrates giving the terms of say Sh50,000 to Sh200,000 for the individuals who Murkomen is charging with terrorism?" he posed.

The former LSK President also called for a wrongful death suit following the death of Julia Njoki, who died in police custody after failing to raise a Sh50,000 bail.

He said all officers, magistrates, and judges involved in her case should be held accountable. The case is still under investigation, with an autopsy report expected in two weeks.