By Jactone Ambuka
As a lover of justice, I disagree with court decision denying bail to suspects in NYS Scandal. I know I sound ridiculous considering economic crimes have crippled Kenya. But let me be clear. Fair administration of justice which includes fair hearing, is critical in promoting the rule of law.
Furthermore, article 50 guarantees suspects with rights to fair hearing which includes right to bail, right to legal counsel, right against jurisprudential biases, right to presumption of innocent until proven guilty etc. Bail can only be denied in circumstances where prosecutor has demonstrated suspects are flight risk.
Listen to me, we cannot end corruption by circumventing the law. We cannot promote justice by undermining the process of administration of justice. If there’s sufficient and irrefutable evidence, as I expect, bail cannot impede conviction. Bail never stand between conviction and freedom of suspects. Water tight evidence or lack of it does.