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CJ Koome, AG Oduor differ with Ruto on anticipatory bail
Chief Justice Martha Koome and Attorney-General Dorcas Oduor have differed with President William Ruto over when anticipatory bail should be granted.
Chief Justice Martha Koome and Attorney-General Dorcas Oduor have differed over when anticipatory bail should be granted to suspects before they are charged in court.
The two, who were guests at the Law Society of Kenya (LSK) annual conference in Diani, Kwale County, were responding to remarks by LSK President Faith Odhiambo challenging President William Ruto’s recent criticism of anticipatory bail for corruption suspects.
During the Devolution Conference in Homa Bay County on Wednesday, President Ruto accused the Judiciary of abetting graft by granting such bail which he claimed suspects use to shield themselves from arrest and prosecution.
Ms Oduor said that although anticipatory bail is a constitutional right, its implementation is problematic because some beneficiaries wrongly believe it shields them from prosecution.
“We have people who have been charged with offences which ought not to be bailable... I am not saying the President is right,” she said, prompting protests from some of the lawyers in attendance.
The AG insisted that anticipatory bail remains a right, which lawyers are entitled to seek for their clients through the courts.
Chief Justice Koome, however, defended the Judiciary’s position, saying anticipatory bail protects individuals whose rights may be threatened through arrest and detention before charges are filed.
She noted that constitutional provisions were not accidental but were the result of national consensus, and that gains such as protection from unlawful arrest must be safeguarded.
“The danger today is the withdrawal of many corruption cases. I have called for data on how many anticipatory bail cases we have,” she said.
She clarified that interim anticipatory bail orders are typically granted for a maximum of 14 days and do not endanger the administration of justice.
“The real danger to the administration of justice is the failure to prosecute corruption cases,” she said to applause from lawyers, adding that once an individual is charged, due process must follow.
LSK President Odhiambo dismissed President Ruto’s blanket disapproval of anticipatory bail, saying the rule of law depends on an independent Judiciary to ensure justice.
“The standard requirements for granting anticipatory bail are well documented and provide safeguards against abuse of discretion. It is neither a Kenyan innovation granted on whims nor does it amount to endorsing crime,” she said.
The week-long LSK conference has attracted more than 1,500 lawyers under the theme “Protecting Constitutionalism and the Rule of Law – Ensuring Accountability.”
