Former Chief Justice Willy Mutunga has criticised a ruling where a magistrate’s court allocated Embakasi East MP Babu Owino a Sh10 million bond, to be paid in instalments.
He said there was no law that allows a suspect to deposit bail money, which would at the same time be used to offset a victim’s medical fee.
Addressing students at Kenya Methodist University where he gave a keynote lecture, Dr Mutunga said the ruling put the judiciary on the spot and could erode confidence in the eyes of the public.
SELECTIVE JUSTICE
He said there was grumbling among the public over seemingly selective war on corruption, citing the multi-billion National Youth Service (NYS) scandal.
“What happened to the NYS case so that some can be charged and others be treated as witnesses?” he posed.
He however shielded Mr Owino from attack by the public, saying every case must undergo trial, despite the evidence.
Reacting to students who wanted to know why murder suspects were granted bond, Dr Mutunga said all suspects, irrespective of their crimes, deserved fair hearing and undergo due process of the case.
FAIR TRIAL
“The Constitution says that one is innocent until proven guilty, evidence has to be brought to court and heard. Even if you are guilty in the eyes of public opinion. Unless we try someone the right way, we will set bad precedent,” he said.
Dr Mutunga also called for increased budget for the judiciary so that it can expedite cases without falling to state capture.
He said during his tenure, the government increased allocation from Sh3 billion to Sh21 billion, a factor that helped judiciary employ more staff and build more courts.
”Independence of judiciary is built around the institution itself, it should have finances, integrity and stand up against influence from Parliament and the Executive,” he stated.
Dr Mutunga said only five per cent of Kenyans went to court, perhaps as an indication of the trust they have in other dispute resolution mechanisms.
He encouraged members of public to effect citizens’ arrests when they feel senior individuals flouted rules.