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No inconsiderate bails, Mutunga orders judges

20 March 2015, 18:41 Victor Tinto

Nairobi - Chief Justice Willy Mutunga has ordered judges to consider the financial status of accused persons before making bail demands.

The CJ spoke during the release of the Bail and Bonds Policy to guide judges & magistrates on awarding bails and bonds to accused persons.

He said that it was inconsiderate to ask for big bail or bond demands to persons who clearly could not manage to raise the said amounts.

The new piece of legislation means that judges and magistrates will now have to consider the economic status of the accused before awarding bail or bond.

There have been several cases where judges and magistrates have awarded bail terms that are either too high or too low to certain accused.

A case in study was when Nairobi Aviation College students were each awarded bail worth KES 100,000 and above for a violent protest, an amount that later had to be reduced to KES 5,000 because none of the students could afford it.

In other cases, like that of the accused ivory smuggler Feisal Mohammed, the bail posted was KES 1 million, which is not commensurate to the well known financial strength of the accused.

" We have to consider the economic burden placed on the accused persons before awarding because at the end of the day, they are not yet proven guilty and deserve to be listened to, he said Friday in Nairobi.

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