The Judicial Service Commission (JSC) has strongly condemned a growing trend of public attacks and vilification of judicial officers over bail and bond decisions, warning that such actions threaten judicial independence and erode public confidence in the justice system.
In a statement released on Thursday, JSC Secretary Winfridah Mokaya expressed grave concern over recent reactions to decisions by the Nanyuki and Kahawa Law Courts. The controversy follows the release of suspects arrested during the July 7 Saba Saba protests, with 111 individuals in Laikipia County granted Ksh.50,000 cash bail each, and 37 youths in Kahawa accused of terrorism-related offences also released on similar bail terms or Ksh.200,000 bond.
The decisions sparked outrage on social media, with some users calling for the exposure of personal information and contacts of the judicial officers involved. Others, including former Chief Justice David Maraga, criticized the terrorism charges as an attempt to criminalize dissent.
Mokaya, however, defended the judiciary, stating that all bail and bond decisions are based on constitutional provisions, the Criminal Procedure Code, and the Judiciary’s bail and bond policy guidelines. “Judicial officers do not act arbitrarily. These decisions are made within the framework of the law,” she emphasized.
The JSC cautioned that dissatisfaction with court decisions should be addressed through legal avenues such as appeals or reviews, rather than personal attacks or threats. Mokaya also confirmed that security measures for judges and magistrates have been enhanced through the Judiciary Police Unit in response to the threats.
“The Commission reaffirms its unwavering commitment to defending the decisional independence of all judicial officers and judges,” Mokaya declared.
This development comes amid heightened tensions between protest movements and law enforcement, with concerns growing over the state’s handling of demonstrations and the legal responses that follow. The JSC’s statement serves as a reminder of the importance of respecting judicial processes and upholding the rule of law even amid political and social unrest.
