Chief Justice Willy Mutunga sets up committee to give guidelines on bailing of terror suspects

By Wahome Thuku

Kenya: Chief Justice Willy Mutunga has set up a committee to prepare guidelines on how courts should grant bond and bail to criminal suspects particularly those accused of terror acts.

This follows accusations that the Judiciary was frustrating the war on terrorism by granting bail to suspects.

But even as he announced the measures Thursday, Mutunga warned that courts would not act on emotions or shoddy investigation and prosecutions.

Investigators and prosecutors must do a thorough and comprehensive job and present the facts and evidence before courts. 

“Judicial officers will not grant bail or convict on the basis of emotions, but rather on the basis of a rigorous presentation of evidence and facts," Mutunga said. 

“Article 49 of the Constitution does not use the word ‘compelling’ for ornamental purposes. It could have stopped at the ‘reasons”, he added.

Article 49 of the constitution provides the right to bail for all criminal suspects unless there are compelling reasons to deny them.