LSK cautions Kenyans on fundraisers for protesters’ bail
The Law Society of Kenya (LSK) has distanced itself from fund drives initiated to raise bail money for protesters arrested in the recent riots.
The Law Society of Kenya (LSK) has distanced itself from fund drives initiated to raise bail money for protesters arrested in the recent riots.
Hundreds of protesters are still held in custody as courts grant bail and bonds deemed exorbitant for them to pay.
Lawyer Njeri Maina, who has been part of the legal team seeking their release, decried the bail amounts, resorting to seeking the support of the public to raise the monies to bail the detainees out.
Clarifying its position, the LSK said the initiative did not come from it.
The lawyer’s umbrella cautioned the public to be wary of fraudulent schemes emanating from such fundraisers.
“The Law Society of Kenya has received reports of individuals soliciting funds to raise bail for persons arrested during the recent riots. Please note that the said fundraising drive is not being conducted and/or endorsed by the Law Society of Kenya (LSK) National Office. We advise members of the public to verify any such appeals before making any contributions. Beware of fraudulent schemes. Stay Vigilant,” read a statement the LSK issued on Saturday.
This came amid protestations regarding the amounts the courts are settling on to issue bail terms to the protesters in custody.
For instance, in Kahawa, 37 individuals facing terrorism-related charges were to be released on a cash bail of Ksh50,000 or an alternative bond of Ksh200,000 each.
In Thika Law Courts, 50 protestors were granted a Ksh100,000 cash bail or an alternative bond of Ksh300,000 each.
Most of them could not afford those amounts.
A section of the public blasted the courts for deliberately weaponising the bail terms to get back at dissent.
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The condemnation of the courts prompted a reaction from the judiciary, which, through the Judicial Service Commission (JSC), termed the attacks on the judicial officers as unwarranted.
The JSC explained that bail and bond decisions are not arbitrary but based on established legal frameworks, including the Constitution, the Criminal Procedure Code, and the Judiciary’s Bail and Bond Policy Guidelines.
“These decisions are informed by the Constitution, the Criminal Procedure Code, and the Judiciary’s Bail and Bond Policy Guidelines. These instruments provide a structured legal framework and clearly articulated criteria to guide the exercise of judicial discretion, taking into account the specific facts and circumstances of each case,” said JSC secretary Winfridah Mokaya.
Mokaya also said parties aggrieved by bail, bond, or any other matter have an unfettered right to seek redress through appeals or reviews under the law.
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