City Lawyer and High Court Advocate Muthomi Thiankoru has also joined the growing list of Kenyans who feel that the judgement that forced protesters back into custody was not only harsh, but also out of touch with the economic realities facing most citizens.
In response to the Judicial Service Commission’s (JSC) press statement defending judicial officers from public criticism, Thiankoru said the Commission failed to address the real concerns behind the growing backlash.
He pointed out that the average monthly income in Kenya is around KShs. 20,123, yet courts continue to issue bail terms that assume people have access to land title deeds or own vehicles. “Only 8% of Kenyans own cars,” he said, adding that only about 37% of landowners in the country have title deeds.
According to Thiankoru, this means the typical person facing criminal charges often does not meet these requirements. “The JSC should explain why judicial officers routinely impose bail and bond terms that are inconsistent with these realities,” he wrote.
JSC Press statement. Photo: Judicial Service Commission Source: Facebook
He also questioned why, even after being granted bail, many accused persons remain in custody for days or weeks because of delays in verifying logbooks and title deeds. He blamed the bureaucracy in the system and said it defeats the purpose of bail.
While the JSC insists that bail and bond decisions are guided by the Constitution, the Criminal Procedure Code, and official policy guidelines, Thiankoru said those same documents are silent on the real struggles poor Kenyans face when trying to secure their release.
“The events at Kahawa Law Courts are merely warning signs of a larger backlash to come,” he warned, saying the public anger is not just about one ruling, but about a system that many feel is blind to their hardship.
Until the JSC addresses these concerns directly, Thiankoru argues, its statements defending the Judiciary will continue to ring hollow among ordinary Kenyans.
