Immediate former Chief Justice Dr Willy Mutunga who officially launched the Guidelines that have been adopted by the Judiciary on 20th March 2015.
BY NT correspondent.
Lawyers have been urged to acquaint themselves with the Bail and Bond Policy Guidelines 2015.
The immediate former Chief Justice Dr Willy Mutunga officially launched the Guidelines that have been adopted by the Judiciary on 20th March 2015.
Lawyer Wilfred Nderitu, said that the objective of the Guidelines include to guide police and judicial officers in application of laws that provide for bail and bond.
“The Guidelines ensure that bail and bond decision making process are in line with the Constitution,” Mr Nderitu said.
Mr Nderitu was presenting a paper titled Bail and Bond at a Continuing Professional Development (CPD) Seminar on Criminal Law at Kitale Club in Kitale last Friday.
He said that the best international practices provide for the right of the accused person to be presumed innocent.
“Suspects should be informed of the right to be released on bail/bond and issued with an official receipt upon payment of cash bail,” Mr Nderitu said.
He said that cash bail should be reasonable and suspects may also be placed on protective custody where necessary.
“The roles of the Judiciary – among others – include enforcement of law and order, dispensing justice and administration of punitive justice to guilty offenders,” Rtd judge Muga Apondi said.
He said that the Constitution established the Supreme Court following increased agitation following complaints that the Court of Appeal always decided cases on technicalities.
Lawyer Ben Akang’o, talking on emerging Issues in Criminal Law said that a recent Judicial Committee report recommended that the death penalty be retained in the Penal Code.
“People who are currently on death row are subjected to mental torture knowing that one day their lives may be cut short,” Mr Akang’o said.
