A judge has criticised the criminal justice system, saying, arbitrary application of pre-trial detention by the prosecution undermines the principle of a fair trial and the presumption of innocence until proven guilty.
Justice John Mativo ruling from Mombasa said that pre-trial detention has become a chronic problem, noting that suspects spend an average of four years in custody before their cases are scheduled for hearing.
“Trial delay remains the bane of our justice system. This must change,” said JusticeMativo, adding that he observed this worrying trend during his visits to prisons.
“There is no reason why a case such as the one facing the applicant in the lower court should take so long before it commences, nor is there justifiable reason to consign a person to jail before conviction for such a long period. I am persuaded that this is a proper case for this court to review the orders declining bail,” said the judge as he granted Mr Wesley Rerimoi a bond of Ksh50, 000. His bail application had been denied by the lower court in March after the prosecution argued that he is a flight risk because quoting that he deserted his job and had been on the run.
Justice Mativo said that magistrates must conduct a delicate balancing act so as to apply reasonable conditions while determining bail applications.
While noting that the lower court should have listened to the suspect, Justice Mativo said it is the duty of the magistrates to uphold the rights of suspects.
