Kenya has become notorious with enacting vague laws, lobby says

A lobby has put out blogger Robert Alai's per-trial detention as a serious chilling effect on the freedom of expression in a constitutional democratic society.

International Center for Policy and Conflict (ICPC), said the emerging trends by the Kenyan Judiciary to subject suspects of offenses to per-trial detention is a cause of concern from a rule of law and human rights.

“While judicial officers retain discretion to determine whether to grant bail or bond depending on facts of each case, the said discretion must not be arbitrary but guided by law,” the statement read.

On June 18 and 19, Alai and prison warder Patrick Safari were arrested respectively for posting gory pictures on social media of slain officers killed by an IED planted by suspected Al Shabab militia on June 15.

They are both detained for 14 days pending investigations.

Executive director for ICPC Ndung'u Wainana stated there is an apparent pattern where judicial officers, as a matter of course, allow lengthy detention of suspects before they formally plead to charges in court.

“Prolonged per-trial detention is completely incompatible with the constitutionally guaranteed presumption of innocence and this presumption is a cornerstone principle in criminal trials.”

“Essentially, it is interpretation of this principle that permitted President Kenyatta and his deputy to remain free and enjoy their liberty despite the grave criminal charges they faced at the International Criminal Court(ICC),” Wanaina said.

Article 49 of the constitution states that an arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

ICPC promotes and strenghthens processes that enable building of secure sustainable human development and democratic human rights adhering states.

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