keraka wrote:B.Timer wrote:
To detain the suspects, Judges need a reference in law.
If we desire such a situation as a country, lets have the law say so.
In the absence of such, we shouldnt demand or expect our Judges to carry out business outside the law!
Note that as much as all offences are currently bailable in Kenya.The constitution envisages judicial discretion on each case on its own merits hence variously guys thought to have committed capital offences have been denied bail on various reasons such as interference with witnesses,fleeing,committing other crimes etc.We have hundreds of judicial authorities n precedents on this.Problem is we have a judiciary which does not want to think outside the box in interrogating the thinking of the drafters of the constitution.
A few years back during Kibakis reign, Kenya in collaboration with the US, thought and attempted to put in a place an effective anti-terrorism legislation.
At the behest of and clamour by the usual "suspects" that effort was shelved even though the matter had advanced considerably through our systems.
Issues of religious profiling, clamp down on our people, oh this is a foreign sponsored law championed by the enemies of our religion etc
Remember that!
Obviously it was meant to fill a certain gap.
If the gap can be filled otherwise, making the envisaged law unnecessary, so be it.
But I am not sold out!
Dunia ni msongamano..