The Draconian Laws among other things aimed to curtail the discretionary powers of the court on bail. The High Court gratefully threw them out and we are back to what the constitution provides for.
Note that the genesis of the constitutional provision is the past practice of the Colonial, Kenyatta and Moi regimes to use bail punitively by denying it while aware that the suspect is most likely innocent. Bail was therefore allowed in all cases but the court granted leeway to determine who and what circumstances. That is how it should be. The court sets the terms of bail including the amount and may even go as far as require a suspect to report to the police at some frequency (Makaburi). Violation of the terms constitutes grounds to cancel bail and remand the suspect. A person who has been on flight and perhaps committed more offences while in flight may experience difficulties in convincing a judge to grant bail.
The case of the 100 year old mama has helped to get the judiciary thinking. Now the CJ has published guidelines for the granting of bail. Income is now key. I hope the same will be applied to fines and costs of cases.
Sadly not much attention has been paid to age. I have always believed that persons of a certain age must be exempted from custodial sentences and may serve their time under house arrest. Some countries place it at 80 years. This is based on life expectancy. I would put it at 75 to start with (This is basically to guarantee that Njamlik does not escape punishment)
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Too much ado about nothing. Everyone has a right to be presumed innocent and be granted reasonable bail. If one violate his bail condition like this guy has clearly done..then he'll be locked up for rest of his trial.
Uhuru and Ruto plus others were or are out of bail with some conditions. There are others deemed flight risk who are locked up.
All this is really upto a judge discretion. Bail and bail conditions should be granted and set on CASE BY CASE basis.
Topic: How can you release a murder suspect on bail?? (Read 2111 times)