The Judiciary is in the process of developing a policy that will guide issuance of cash bails and bonds across all courts in the country.
The unprecedented move will see bail and bond application harmonized across the board as well as aligning the crucial service with the constitution.
Already a bail and bond implementation committee set up to look into possible ways of coordinating its application is expected to give its findings in a period of three months.This emerged when the committee that is chaired by High Court Judge Jessie Lessit retreated to Naivasha to write part of the report.
Addressing the press at Lake Naivasha Country Club on Sunday, Justice Lessit who also heads the criminal division of the high court said the move will herald a new beginning in the manner in which bails and bonds are granted.
Lessit said they were confirming the laws on how bonds are given to the new laws adding that the move will also reduce congestion in the prisons.
“Previously some offenses like capital ones were not granted bails but under the new constitution everyone has the right and that is why were are re-looking at them,” she said.
Decision making on bail and bond particularly at the police stations remained opaque, unpredictable and in some cases arbitrary adding that in traffic cases unreasonable bail terms are employed to traffic offenders which are often construed as punishment.
Lessit said some of the reforms on bail application are already being implemented in various courts and cited Kisumu law courts as one where suspects are given reasonable bails.
“This has also led to the reduction of the numbers of persons held in prisons remand custody from over 48 percent to currently 37 percent of the total prison population standing at 52,000,” Lessit said.
She said there were various challenges facing suspects in custody noting that they were committed to reducing the suffering by granting affordable bonds.
“We have been remanded with children and those mentally challenged who cannot speak for themselves while in court and often find their way in cells, we want to change this,” she complained.
“Another challenge we have is transgender suspects who have to be guarded full time by the prison officers for fear of being molested by the rest,” she added.
On his part, the committee secretary Clement Oketch said not so many suspects could afford a title deed as bond adding that they were exploring on other alternative avenues.
“Such issues as providing land ownership documents are long gone and we are looking for a possibility of reducing that burden and hefty bails as enshrined in the constitution,” she said.