- The Judge dismissed the case filed by the Law Society of Kenya (LSK) for failing to provide the court with any evidence to support it's case.
- On the issue of denial or grant of bail or bond, the Judge said such terms can be reviewed and appealed.
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The Law Society of Kenya has lost a bid to have Chief Justice Martha Koome compelled to establish special plea courts to operate on Saturdays and Sundays for suspects arrested on Friday afternoon.
Justice Lawrence Mugambi equally declined to sanction the office of the DPP, the DCI and the Inspector General of police for arresting suspects on Fridays and allegedly holding them for more than the stipulated 24 hours.
The Judge dismissed the case filed by the Law Society of Kenya (LSK) for failing to provide the court with any evidence to support it's case.
"The petitioner did not provide even a single affidavit by any of these persons on whose behalf the petition is brought to confirm the assertions made. None of the allegations raised were proved," the Judge said.
The case, which had been filed by the LSK in 2019, sought a raft of declarations among them an order prohibiting the Director of Public prosecutions from directing the arrest of suspects before investigations are complete and releasing press statements on directions to arrest persons suspected of committing crimes.
LSK's key contention was that the respondents’ in carrying out their mandate of arresting suspected people for non-cognizable offences, violated their constitutional rights.
From the court records, LSK said the respondents did so by detaining suspects without granting them bail and seeking court orders to further detain them as investigations were pending and prosecuting them without sufficient evidence.
On the contrary, the respondents said that their actions were carried out within the law.
Justice Mugambi in dismissing the case said the court cannot sanction the DPP, DCI and IG based on assumptions.
He said the LSK ought to have produced evidence to support their claims in order for the court to act.
"The petitioner cannot expect the court to act on assumptions regarding allegations of abuse of power. Claims were made without matching them with the requisite proof," he said.
The Judge further said he was not persuaded that suspects' right to fair hearing was violated when DPP would issue media statements announcing the names of those who have been recommended for prosecution.
LSK claimed that the action by the DPP was equivalent to condemning suspects in the court of public opinion.
Regarding complaints made against the CJ, the judge faulted LSK for failing to provide any evidence to support the same.
LSK had mentioned instances where suspects were denied bond without justifiable reasons and courts issuing orders to hold arrested persons without giving them a chance to give alternative facts.
Justice Mugambi in dismissing the claims said "there was no evidence of any particular case presented for examination by this court where this had happened".
On the issue of denial or grant of bail or bond, the Judge said such terms can be reviewed and appealed.
LSk wanted the CJ to establish special courts to handle cases emanating from arrests made on Fridays and to also make available judges and magistrates to handle urgent matters of human rights.
All the prayers sought by the law society were declined by the court.