News / National
Magistrates cautioned against merely granting bail
2 hrs ago |
118 Views
The Judicial Service Commission (JSC) has issued a stern warning to magistrates against granting bail to accused persons without properly examining the facts and circumstances of each case, amid growing concerns over alleged corruption and laxity in the justice system.
In a memo dated September 23, 2025, Chief Magistrate Vongai Guwuriro expressed concern that some magistrates were routinely granting bail simply because prosecutors had not opposed it, rather than independently assessing whether bail was justified.
"It has been noted with concern that magistrates are not thoroughly analyzing facts espoused in the State papers and the evidence presented before them. Instead, many magistrates seem to merely endorse State concessions, without properly examining the circumstances underlying such consent," Guwuriro wrote.
She warned that such practices undermine the proper administration of justice and must stop immediately. "Apart from being contrary to the dictates of the law, this practice undermines the proper administration of justice and must cease with immediate effect," the memo stated.
The Chief Magistrate emphasized that bail decisions must be based on an independent and careful evaluation of all available evidence - regardless of whether the prosecution concedes to bail. She also raised alarm over reports that some prosecutors may be receiving bribes to concede to bail applications.
Guwuriro reminded judicial officers that bail should only be granted when it is consistent with the interests of justice, noting that it must be denied when certain risk factors are present. These include a risk to public safety or the possibility of committing a serious offence if released, the likelihood of absconding, interference with the administration of justice, undermining the bail system, or other exceptional circumstances.
"In light of the above, exercising discretion entails the judicial duty of a magistrate to carefully consider the facts and the legal principles outlined above when deciding whether to grant or deny bail," she wrote.
The memo is part of ongoing efforts by the JSC to tighten oversight and restore public confidence in the judiciary following widespread complaints about corruption and inconsistent application of the law in bail proceedings.
In a memo dated September 23, 2025, Chief Magistrate Vongai Guwuriro expressed concern that some magistrates were routinely granting bail simply because prosecutors had not opposed it, rather than independently assessing whether bail was justified.
"It has been noted with concern that magistrates are not thoroughly analyzing facts espoused in the State papers and the evidence presented before them. Instead, many magistrates seem to merely endorse State concessions, without properly examining the circumstances underlying such consent," Guwuriro wrote.
She warned that such practices undermine the proper administration of justice and must stop immediately. "Apart from being contrary to the dictates of the law, this practice undermines the proper administration of justice and must cease with immediate effect," the memo stated.
Guwuriro reminded judicial officers that bail should only be granted when it is consistent with the interests of justice, noting that it must be denied when certain risk factors are present. These include a risk to public safety or the possibility of committing a serious offence if released, the likelihood of absconding, interference with the administration of justice, undermining the bail system, or other exceptional circumstances.
"In light of the above, exercising discretion entails the judicial duty of a magistrate to carefully consider the facts and the legal principles outlined above when deciding whether to grant or deny bail," she wrote.
The memo is part of ongoing efforts by the JSC to tighten oversight and restore public confidence in the judiciary following widespread complaints about corruption and inconsistent application of the law in bail proceedings.
Source - Mirror
Join the discussion
Loading comments…
