A High Court judge on Wednesday said all terror suspects have a right to bond or bail but the court has to strike a balance on the issues.
Kisumu judge Fred Ochieng defended the courts, saying terror suspects are released on bond pending the determination of their cases.
He said it is their constitutional right to be granted bail or bond unless there are compelling reasons.
“Dealing with terrorism cases is the most difficult road for the courts to work on. The magistrate or judge has to weigh the possible danger to society if the suspects are released even though they have a right to bail,” Justice Ochieng said.
He was responding to interviewers as he sought to be promoted to the Court of Appeal.
“The state cannot hide that the case is a matter of state security even if evidence is to be taken in camera. For example, there is admissible and inadmissible evidence. If a suspect gives evidence of recovery of guns, to me it is admissible evidence.”
He said he was fit for the promotion because he knows how to handle case backlog.
He said as a judge he would identify the actual cases that cause the backlog and assign older cases as a priority.
Justice Ochieng added that all Kenyans need to have invited to discussions on age consent of sex.
He said the courts should not decide on age consent but Kenyans to participate on the matter.
He said parents and society should train children on sexual matters and teach them about the legality.
In March, the Court of Appeal proposed a law change to lower the age of consent to 16 years.
Also interviewed was EACC commissioner Paul Mwaniki, an advocate who said the country loses a lot of money due to corruption.
He said the country lost direction after public servants were allowed to engage in businesses without regulations on how to do it .
“Procurement sector is so high in corruption and if it is addressed, it will solve 70 percent of corruption in the country,” Mwaniki said.
He said that he was fit for the position at the appeal court because of his 28 years experience as an advocate.
Mwaniki urged the court to set the right jurisprudence in corruption matters.
He said there is a big challenge in asset recovery citing.
He urged Chief Justice David Maraga to constitute a bench to deal with recovery assets.
