As more cases of Kenyans remaining stuck behind bars over unaffordable bond terms, Judiciary’s Spokesperson Paul Ndemo has cleared the air on the guidelines the courts follow while charging a suspect.
According to Ndemo, judicial officers have the discretionary power to determine bail and bond based on the varying circumstances of the case and evidence presented in court.
“The court will look at the seriousness of the offense and the varying circumstances of the case. The judicial officer will look at what is reasonable. Reasonable has been left to the discretion of a judicial officer,” he told NTV on Wednesday.
This comes after Julia Njoki, a 24-year-old allegedly tortured while in police custody before her death, was given a bond of Ksh.50,000, which she was unable to raise.
Ndemo intimated that a court can opt to release a suspect without a bond requirement if they are not a threat to the case.
“The court will look at whether you are a flight risk. If the court does not see that you will attend court you can be released on your personal bond which means you will pay nothing. You just give an undertaking, ‘I will come to court’,” Ndemo said.
“The court will consider if you’re a foreigner, have no fixed aboard, if the court thinks you may interfere with the investigations, or you may be a threat to witnesses or the victims, the court will deny you bond.”
These factors, Ndemo added, should be well presented by the prosecutor to convince the court to give bond terms.
He added that all suspects have the right to appear for hearing with a close member or relative to help them secure the bond if given.
If nobody is available, an intermediary person will communicate with the advocate or family members to process the amount.
Julia Njoki was charged with malicious damage to property alongside other suspects after being arrested in Nanyuki during the Saba Saba protests on July 7, 2025.
Many have argued that Njoki’s bond amount was too high, seemingly as a deliberate move to keep her behind bars.
The Judiciary defines bail as a condition set by the court to secure the release of an accused person temporarily as they wait for the conclusion of their trial.
Bond is an undertaking, with or without sureties or security, entered into by an accused person in custody under which binds them to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond.
The court can also decide to cancel the bail or bond of an accused person if they flout or go against any condition set by the court.
