Bail Is A Constitutional Right

Sir- Judges and magistrates are usually criticised when they grant accused criminal suspects court bail. Usually the complainants want suspects incarcerated until the trial is over. They cry foul and even call judicial officers corrupt once these people are out on bail. Every person, even a murder suspect, has a Constitutional right to bail. Article 23 (6)(a) of the Constitution provides that: "When a person is arrested in respect of a criminal offense, the person is entitled to apply to court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable." This should be read together with article 28 (3)(a) which provides that "every person who is charged with a criminal offense shall be presumed to be innocent until proved guilty or until the person has pleaded guilty." The general public should know that judges or magistrates are not law makers. They implement laws made in Parliament and or provided for in the Constitution. An accused person has the right to ask the trial judge or magistrate to disqualify her- or himself from hearing her or his case if the judge or magistrate denies them bail on flimsy grounds or if she or he believes the judicial officer is biased. The only strong ground for denying bail is if the suspect may abscond or interfere with evidence to be provided. The public should, therefore, know where to apportion the blame. Judicial officers should not be unfairly criticised. John Keitirima Publicity Secretary Judicial Officers Association