Explainer: What is anticipatory bail and when should it be granted?
Anticipatory bail is a legal safeguard that allows a person to seek protection from arrest before they are formally charged or taken into custody.
On August 13, President William Ruto criticised the Judiciary for granting anticipatory bail to individuals accused of corruption, arguing that it undermines efforts to fight graft.
According to Ruto, anticipatory bail makes it difficult to arrest and prosecute alleged offenders.
More To Read
- CJ Koome roots for AJS to resolve long running land disputes in Mombasa
- Online attacks against judges threaten judicial independence, CJ Koome warns
- CJ Martha Koome defends Judiciary, warns against defiance of court orders
- Supreme Court strikes out petition seeking determination of general election date
- CJ Koome, AG Oduor take opposing views on anticipatory bail amid Ruto criticism
- Ruto faults Judiciary over anticipatory bail, says it shields corrupt individuals
He singled out the bail as a loophole abused by those accused of embezzling public funds and urged the judiciary “not to be a haven for the corrupt to hide behind judicial decisions.”
“A corrupt person goes to court and gets anticipatory bail. This makes it impossible for such a person to be arrested and prosecuted. How does that help fight corruption?” said Ruto.
His remarks drew a swift response from Chief Justice Martha Koome, who explained that anticipatory bail safeguards individuals whose rights may be violated through arrest and detention before charges are filed.
Speaking during the Law Society of Kenya (LSK) conference in Kwale County, CJ Koome said, “Anticipatory bail is a very interim relief and is issued for a limited number of days. It cannot be a threat to the administration of justice.”
Attorney-General Dorcas Oduor also weighed in, acknowledging that anticipatory bail is a constitutional right but warned its implementation is problematic, with some beneficiaries mistakenly believing it offers immunity from prosecution.
AG Oduor emphasised that lawyers are entitled to seek anticipatory bail for clients through the courts.
So, what is anticipatory bail?
Anticipatory bail is a legal protection that allows a person to seek bail before being arrested or formally charged.
It serves as a safeguard against unnecessary or malicious arrests, especially in cases where allegations may be driven by political rivalry or personal vendettas.
Courts grant this protection if it is satisfied that the application is genuine and not an attempt to evade justice.
The bail lasts until investigations end or the case is first mentioned in court.
Top Stories Today
