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Chief Justice Martha Koome strongly countered President William Ruto’s assertion that anticipatory bail is undermining the anti-corruption campaign
Nairobi, August 15, 2025 — Chief Justice Martha Koome strongly countered President William Ruto’s assertion that anticipatory bail is undermining the anti-corruption campaign. Speaking at the Law Society of Kenya (LSK) Annual Conference in Diani, Kwale County, Koome clarified that anticipatory bail is a short-term legal protection—not a barrier to prosecution.
Anticipatory bail lasts just 14 days, she emphasized, designed to prevent unlawful arrest, not to prevent courts from pursuing cases.
The real problem, Justice Koome warned, is the withdrawal of corruption cases by the State, not bail. She called for more transparency and follow-through in prosecutions.
She noted that constitutional bail provisions are deliberate safeguards to protect defendant rights—not accidental loopholes to be exploited. Appeals are available for those who feel bail terms are unreasonable.
Justice Koome reaffirmed that the judiciary must remain independent—and that grievances should be addressed through appeals, not public attacks on judges.
Citing EACC data, she said that Kenya loses Ksh 608 billion annually to corruption, stressing that this staggering figure demands serious prosecution—not bail-related excuses.
President Ruto’s Claim |
Chief Justice Koome’s Response |
---|---|
Anticipatory bail shields corruption suspects |
It’s a short (14-day) protection from unlawful arrest, not a shield from prosecution |
Bail undermines the anti-graft fight |
The real danger is the withdrawal of corruption cases, not bail issuance |
Courts lack urgency in corruption cases |
The judiciary protects rights; prosecutions must proceed without interference |
Judiciary should heed executive criticism |
Judicial independence must be respected; appeals—not attacks—are the correct response |
Justice Koome’s remarks mark a clear assertion of judicial independence—a firm reminder that protecting constitutional rights is essential to fairness, not an obstruction to justice.
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