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JSC defends Judges says bail and bond rulings are rendered according to law

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NAIROBI — The Judicial Service Commission (JSC) has sharply criticized what it described as a growing pattern of public attacks on judges and magistrates for their decisions to grant bail to suspects linked to recent anti-government protests.

In a statement released Thursday, Judiciary Chief Registrar and JSC Secretary Winfridah Mokaya warned that targeting judicial officers over legal rulings poses a serious threat to the rule of law and the independence of the judiciary. “This conduct distorts the Judiciary’s constitutional role, undermines its independence, and erodes public confidence in justice delivery a foundation of any democratic society,” Mokaya said.

Her remarks follow backlash directed at magistrates and judges based at the Nanyuki and Kahawa Law Courts. Critics have accused the courts of being lenient toward individuals facing charges related to the ongoing unrest.

Mokaya clarified that bail and bond rulings are made in line with Kenya’s Constitution, the Criminal Procedure Code, and Judiciary’s Bail and Bond Policy Guidelines. She emphasized that these decisions are not based on opinion or personal preference.

“Bail and bond rulings are made strictly according to law. They are not arbitrary,” she stated.

The JSC reminded the public that Kenya’s justice system provides legal channels for challenging any decision, including appeals and judicial reviews. According to Mokaya, personal attacks against judges undermine these processes and compromise the safety of officers and the public’s trust in the courts.

“Attacking judicial officers instead of following the legal process subverts justice and jeopardizes the very principles the public seeks to uphold,” she added.

Mokaya also reassured judicial staff of their safety. She noted that the Office of the Chief Registrar and the Judiciary Police Unit remain fully engaged in protecting both personnel and court operations across the country.

The commission’s intervention comes as the judiciary faces heightened political pressure following widespread protests over governance and economic conditions. Several suspects charged in connection with the protests have been granted bail, prompting criticism from some political figures and online users.

The JSC’s response underscores its intent to safeguard judicial independence, even as tensions rise over legal and political accountability.

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JSC defends Judges says bail and bond rulings are rendered according to law

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