Towards a limitation of judicial discretion on bail in Kenya: A focus on the crime of terrorism
Under Kenya's Constitution 1962, terrorism, and treason were not grounds for being granted bail , but its new 2010 Constitution makes all offences bailable. There are no guidelines to govern the grant or denial of bail in the new constitution. This is clearly a challenge in the prosecution of terrorists, which have grown in numbers for the past years. The High Court has not taken advantage of legal instruments which would permit denial of bail to terrorism suspects on a consistent basis. Terror suspects are increasingly committing deadly attacks while released on bail, the ability of High Court Judges to make bail decisions that are in the public interest is questionable. There is therefore a need for legislation or constitutional review for restricting the right to bail for suspects of serious offenses in order remove these decisions from the hands of Kenya's judges. This paper discusses reasons why there is a need to deny bail to suspected terrorists.