The Judicial Service Commission (JSC) has strongly condemned the growing trend of public attacks on judges, particularly concerning their decisions on bail and bond. In a statement issued on Thursday, the JSC expressed “grave concern” about the personal vilification of judges following recent decisions made by courts in Nanyuki and Kahawa.
The controversy erupted after 111 individuals arrested during the July 7 Saba Saba protests in Laikipia County were granted Ksh. 50,000 cash bail each by the Nanyuki Law Court. The protesters, who had been charged with malicious damage to property, were released under these conditions. Similarly, in Kahawa, 37 youth facing terrorism-related charges connected to the June and July protests were granted bail of Ksh. 50,000 or an alternative bond of Ksh. 200,000.
The decisions sparked public outcry, with some individuals and social media users calling for the personal details of the judges and magistrates involved to be publicly revealed. Some critics, including former Chief Justice David Maraga, have expressed concerns that the terrorism charges pressed against the protesters were a means of suppressing dissent.
However, JSC Secretary Winfridah Mokaya, in her statement, emphasized that such personal attacks on judicial officers undermine the independence of the judiciary and erode public trust in the justice system. She reiterated that judicial decisions are guided by the Constitution, the Criminal Procedure Code, and the Judiciary’s bail and bond policy guidelines.
“These decisions are not made arbitrarily,” Mokaya stated, urging those dissatisfied with court rulings to seek legal avenues for appeal rather than resorting to attacks on judicial officers.
In her response to concerns about the safety of the judges, Mokaya assured the public that security arrangements were in place through the Judiciary Police Unit to protect judicial officers from such threats.
The JSC reaffirmed its commitment to defending the independence of the judiciary, ensuring that judges and magistrates can perform their duties without fear of intimidation or external interference.
As tensions rise over the protests and the decisions made in the courts, the JSC’s statement serves as a reminder of the importance of respecting judicial independence and the rule of law in maintaining a just society.
