Chief Justice David Maraga has responded to the Director of Public Prosecutions Noordin Haji’s accusations that the judiciary grants favourable bail terms to corruption suspects.
Maraga stated that some graft cases were weak because the prosecution had not gathered enough evidence before moving to court.
“The law says that bail is a constitutional right which is not given freely but depends on several circumstances like if one can interfere with investigations or escape. If we are given evidence then we can deny them bond,” he maintained.
The CJ added, “When starting a case there are times when DPP has not got all the documents but we have talked to him and told him to come to court with documents to guard against unnecessary adjournments.”
He was speaking during a visit to Kamiti Maximum Prison on Sunday for an event organised by the Seventh-day Adventist Church.
President Uhuru Kenyatta had also raised concern about the judiciary’s mode of operation on graft cases.
While presiding over the 55th Jamhuri Day celebrations the President cautioned the Judiciary against giving corruption suspects an easy ride with “ridiculously low” bail terms.
“I am again calling on the Judiciary to ensure that its procedures are not used to protect impunity. Kenyans’ spirits are dampened when we witness suspects released on ridiculously low bail terms, interference in legislative processes, and the use of the court process to delay justice,” noted Kenyatta.
Haji has also insisted that having corruption suspects out on bail, and allowing them to remain in office with full access to public resources, undermines the war against corruption.
“I am frustrated that once I charge certain individuals, I can’t get them to face the law. Some remain in office to flex their muscles, intimidate witnesses and interfere with the investigations,” regretted Haji.