NAIROBI, Kenya Sep 29 – The Kenya National Commission on Human Rights (KNCHR) and the Law Society of Kenya (LSK) have dismissed a petition seeking to deny bail and bond to suspects of graft and rape saying it is misguided and not backed by empirical analysis.
Representatives from the two entities asked the Senate Justice, Human Rights and Legal Affairs Committee which is handling the petition to protect and preserve the Articles 47 and 49 which is a serious pillar of expedient legal and procedural action and also the rights of an arrested person.
LSK’s Collins Odhiambo urged the Committee to handle the petition carefully as he noted that the petition seems to be influenced by frustrations especially with the slow pace of investigations.
“There is a Bails and Bonds Policy which was passed in 2019, which should be able to inform the process and also the petitioner’s petition. It seems the petition did not get an opportunity to look through it. The Bail and Bond policy comes up with a very robust policy through which we can be able to secure the fear that were raised by the petition,” the LSK Parliamentary Affairs and Legislation Secretary stated.
Victor Kamau from the KNCHR, on his part noted that the bail that is afforded to the accused person is very well supervised in the Judiciary and anchored in policy and laws which do not require any amendments currently.
“The Commission is totally opposed to the petition and thinks that it is a misguided piece trying to express views that we have had expressed by people but which are nevertheless not backed up by empirical or scientific evidence,” the KNCHR’s Deputy Director, Redress and Legal Services observed.
Committee members led by Chairman Okongo Omogeni (Nyamira), Johnson Sakaja (Nairobi) and Irungu Kangata (Muranga) said that in considering the petition the Senate will conduct a deeper inquiry into protection of victims especially in scenarios where the perpetrator is a close relative or a respected member of the community.
Sakaja cited numerous cases in the city’s low-income estates such as Mukuru kwa Reuben and Dandora where victims of defilement often have to go back to live in a house with the same person who is suspected to have committed the act.
“Without changing the aspects of Bail and Bond as per our Constitution, how do we address this other big problem with society where you have not provided for proper protection of the witnesses through criminal justice,” Sakaja stated.
“Someone who read about this matter in the newspapers, called me yesterday and asked me how do you deal with drug-peddlers who are continuing to pose a very big problem to our youth who are very innocent. This is an opportunity for us to look into this matter and see if we can have a conversation that balances the interests of the society and looks at the aspects of human rights,” Omogeni added.
The Senate Committee is conducting a public hearing on the petition which was submitted to the Senate in August, where Taratisio Ireri Kawe wants to amend the Constitution and relevant laws, including the Penal Code, to have the suspects detained until their cases are concluded.
In addition, Kawe wants the House to amend Article 49 of the Constitution and introduce classification of types of offenses and a maximum number of days a suspect of specific offences is held in custody citing that often victims of heinous acts like rape have been frustrated and abandoned as offenders secure freedom on bond.
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