Lawyer Nelson Havi: The unprecedented bail denial for NYS scandal suspects on account of “national security” alters course of criminal law study and practice. It will haunt many players in the trial as did similar decisions by Bernard Chunga, Samuel Bosire and others. Will the High Court uphold it?
I would not give a damn if they stay in jail after conviction and sentence. But before then, denying them bail is legally and morally wrong. What if they are acquitted and successfully sue the State for malicious prosecution? We are the ones who will pay for it!
Be very afraid when the Executive, the Judiciary, the Legislature, the Opposition and the Civil Society sing and perform together. They are not entertaining you.
Robert H. Wanga: The reasoned decision is a big joke! At least what was aired on citizen news.
Duke Laston: The move to deny them bail equates to presumption of guilt until proven guilty. It’s an abuse of the law. The ground relied on are feeble and upon appeal, the high court shall quash the ruling, if it’s a court of law without ulterior motive.
Eddy Otieno : Denial of bail of the NYS suspects on account of national security is an error on the face of the law unless the term “national security” has lost meaning.
Eddy Nyanyuk: Relying heavily on the Indian precedents, the Learned Magistrate categorized economic offences as being ‘class apart’ warranting different approach in granting bail to accused persons…..
The High Court will definitely give clarity once seized of the matter on appeal otherwise, the ruling lacks in coherence and firm grounding on the aspect of ‘compelling reason’.