Chief Justice Martha Koome has firmly defended the judiciary’s position on granting bail, saying the practice is both lawful and guided by principles of fairness and proportionality.

Speaking during the ongoing Devolution Conference in Homa Bay County on Thursday, August 14, 2025, Koome said the right to bail is enshrined in law and forms part of the cornerstone of justice in Kenya.

“Our courts have continued to grant bail and bonds to accused persons brought to our courts. In instances where parties have been dissatisfied with bail and bond terms imposed by the magistrates, they have swiftly moved to the High Courts for the review of those terms, and I am happy to say the High Court has reviewed those terms to ensure fairness and proportionality for both terms,” Koome said.

Her remarks come amid growing public debate on the issuance of bail to suspects facing serious charges, especially in cases touching on corruption, violent crime, and terrorism. Critics have often accused the judiciary of being too lenient, while others argue that bail is a constitutional safeguard to prevent pre-trial punishment.

Koome was categorical that judicial independence is non-negotiable, warning against attempts to interfere with court decisions. She said that the judiciary’s mandate is to interpret the law without fear, favour, or external influence.

“Judicial independence is paramount. Once we allow external pressure to determine judicial outcomes, we undermine the very foundation of our democracy,” she said.

The Chief Justice also noted that reviewing bail terms serves as a safeguard to balance the rights of the accused with the concerns of victims and the broader public.. She noted that magistrates and judges are guided by the Constitution, judicial precedents, and the Bail and Bond Policy Guidelines when making decisions.

During her address, Koome urged county leaders and citizens to trust the judicial process and to seek legal recourse where they feel aggrieved. She said the High Court’s willingness to review bail decisions is evidence that the system is designed to correct any excesses or unfair rulings.

The Devolution Conference, which brings together national and county leaders, development partners, and civil society groups, has become a platform for discussing governance issues beyond county matters. Koome’s intervention placed judicial independence and fair trial rights firmly on the national conversation table.

As the debates on justice reforms continue, Koome’s message was clear: the rule of law must stand above all other interests, and the judiciary will continue to act within its constitutional mandate.