Justice Associates Kenya

Justice Associates Kenya LEGAL CONSULTANT & ARBITRATORS.

21/05/2015

Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population.
Albert Einstein

22/04/2015

Judiciary Adopts Bail and Bond Policy Guidelines

The Chief Justice, Hon. Dr W***y Mutunga, D. jur, SC, EGH officially launched the bail and bond policy guidelines that have been adopted by the Judiciary on 20th March 2015 at the Supreme Court Gardens.

This event was attended by Prof. Githu Muigai, Attorney General, Mr Keriako Tobiko, Director of Public Prosecutions, Mr Ndegwa Muhoro, Director Criminal Investigations Department, Ms Nardos Bekele-Thomas, UNDP Resident Representative & UN Coordinator. Also in attendance were Judges and Magistrates and other dignitaries.

Bail and Bond Policy Launch

The Chief Justice laid out the background to the development of these guidelines by highlighting that 41 per cent – or nearly half – of the entire prison population are people in remand.

Kenya’s prisons hold twice the number of people they were planned to hold and the administration of bail and bond plays a big part in how these prisons facilities can be managed to ensure that only those persons who should be detained within the prisons are actually held within prisons.

The Chief Justice noted that the Constitution of Kenya, 2010 places a premium on freedom and sets a high threshold for the denial of liberty. He emphasized “Bail and bond exist to secure the presence of suspects at trial, and to avoid a situation where people who might be innocent get needlessly punished. This means that we must shy away from imposing punishments on individuals whose guilt has not been proven.”

The Bail and Bond Policy Guidelines are intended to guide police and judicial officers in the application of laws that provide for bail and bond and, in particular, they seek to:

1) Ensure that bail and bond decision-making process complies with the requirements of the Constitution.

2) Guide bail and bond decision-making by police and judicial officers.

3) Balance the rights of the suspects and accused persons with the public interest, including the rights of victims.

4) Streamline and address disparities in bail and bond decision-making, with a view to enabling fair administration of bail and bond measures.

5) Facilitate effective inter-agency cooperation and coordination in bail and bond administration.

6) Enhance conformity with the internationally agreed minimum standards for arrested persons and persons held in detention.

7) Address the over-use of pre-trial detention.

8) Safeguard the interests of victims of crimes in bail decision-making.

9) Facilitate the effective supervision of accused persons granted bail



The bail and bond policy guidelines were developed by a taskforce, chaired by Hon. Justice Lydia Achode, that was appointed by the Chief Justice in May, 2014. This taskforce was under the supervision of the Hon. Lady Justice K.H Rawal, Deputy Chief Justice, who, with the assistance of the National Council on Administration of Justice, steered and supported this process.

Bail and Bond Policy Launch

22/04/2015

How to win a case in court: If the law is on your side, pound on the law; if the facts are on your side, pound on the facts; if neither is on your side, pound on the table.justices asssociates

14/04/2015

Do not think of knocking out another person's brains because he differs in opinion from you. It would be as rational to knock yourself on the head because you differ from yourself ten years ago.”
― Horace Mann

24/03/2015

When justice is done, it is a joy to the righteous but terror to evildoers.

02/01/2015

Where do separation of power of parliament and Judiciary end and start?Whatever is going must be stopped or else we shall have only one arm of the government..

27/12/2014

HAPPY HOLIDAY AND NEW YEAR.

Really!
27/10/2014

Really!

Constitution!
27/10/2014

Constitution!

13/10/2014

Law students are trained in the case method, and to the lawyer everything in life looks like a case.

19/09/2014

I.C.C DEBATE CONTINUE.......
It appears that the writing is on the wall ‘Uhuru’s ICC case is officially dead’. On September 5, Prosecutor Bensouda asked the International Criminal Court (ICC) to postpone Uhuru’s trial indefinitely from 7 October 2014. Bensouda said that she needed time to obtain more evidence against Uhuru for the alleged atrocities he committed in 2007/2008.

Reactions to Bensouda’s request have come in fast and furious. Comments from readers of the Star newspaper accuse Bensouda of being "obsessed" with Uhuru; some say that she wants to "legitimize" her position and that she is not in the pursuit of justice. Another reader tells Bensouda to give up because the case was officially "dead" as soon as Uhuru became president. The reader sarcastically states that unless the dead come to testify, Bensouda is going "nowhere" with her case.

One may call it blind optimism, but Bensouda remains adamant. She insists that the case against Uhuru is far from over and that she still has ‘options’.

Bensouda’s line of defence is that the Kenyan government has refused to cooperate with her requests for information that could be used as potential evidence. She wants full disclosure of Uhuru's wealth, including company and land records. She also wants access to phone data, including information on mobile money transfers. According to blogger Cyprian Nyakundi, “the ICC case now depends on Uhuru Kenyatta. Bensouda knows this from her heart of hearts. There is no way Uhuru Mwigai Kenyatta is gonna give evidence to jail himself.”

Attorney General Githu Muigai defended Kenya by stating that the government has supplied the International Criminal Court (ICC) with President Uhuru Kenyatta’s bank statements and that it couldn’t have done more to comply with the Prosecutor's request for telephone and property records.

In a notice filed at the ICC, Bensouda stated that the records her office has so far obtained from Kenya were but a fraction of what she had asked for, and some were irrelevant.

It appears that Kenya and the ICC are at a gridlock: Bensouda says this, Kenya says that. It really is a tiring game of endless finger-pointing. An African saying states that when two bulls are fighting (Bensouda and Kenya), the grass gets hurts (the victims). In this case, the victims stand to lose the most as Bensouda and the Kenyan Government exchange words.

The Common Legal Representative for Victims in the Kenyatta Case, Fergal Gaynor, made an impassioned plea at the ICC. In his filing, Gaynor gives a detailed account of the strategies employed by the government to frustrate Bensouda and what he terms “a deliberate interference with the collection of evidence”. He acknowledges that the accused is the president of Kenya and that he controls the government which continues to fail to comply with the directions given by the ICC on cooperation.

Indeed, Kenyatta is the most powerful and influential person in Kenya. He is better placed than anyone to ensure that Kenya complies or fails to cooperate.

According to Gaynor, termination would be a rich reward for an accused (Uhuru Kenyatta) who continues to employ the resources of the government to systematically frustrate the ICC’s search for the truth and to deny justice to the thousands of Kenyans who are the victims in this case.

It seems highly unlikely that Kenyatta will provide the information Bensouda seeks, and this cat and mouse game is likely to continue for as long as Uhuru is president. I echo Gaynor’s sentiments that the ICC must not retreat in despair in the face of a ruthless and unrelenting campaign of obstruction of justice by Mr Kenyatta’s government. If ever there was a time for the ICC to flex its muscles and use whatever available mechanisms and power to ensure that Kenya meaningfully cooperates, it is now. The victims and Kenyans who believe in justice depend on the ICC to act. It is my humble opinion that if the ICC does not act, the victims in this case, should accept and move on.

Justice associate kenya opinion.

19/09/2014

The Constitution of Kenya, 2010

We, the people of Kenya—

Acknowledging the supremacy of the Almighty God of all creation:

Honouring those who heroically struggled to bring freedom and justice to our land:

Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:

Respectful of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:

Committed to nurturing and protecting the well-being of the individual, the family, communities and the nation:

Recognising the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:

Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:

Adopt, Enact and give this Constitution to ourselves and to our future generations.

Let all of us be law abiding citizens and be guided by our constitution.

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