Willis Otieno clashes with Ruto over stance on anticipatory bail
Outspoken constitutional lawyer Willis Otieno has scoffed at President William Ruto over recent remarks questioning the legality of anticipatory bail, accusing the Head of State of showing contempt for the rule of law and judicial independence.
In a statement on his X account on Thursday, August 14, 2025, Otieno accused the President of wanting to bend legal safeguards to suit his political whims.
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“Ruto’s problem is thinking the law should bend to his mood swings. Anticipatory bail is a shield against abuse of power, exactly the kind of abuse he’s drooling to commit,” Otieno wrote.
Anticipatory bail is a legal provision that allows individuals to seek court protection from imminent arrest, especially in politically charged or suspicious circumstances.
The President recently dismissed it as a tool used to evade justice, triggering backlash from legal experts and human rights groups.
But Otieno was unrelenting in his rebuttal.
“The Constitution doesn’t wake up to Ruto’s feelings. Anticipatory bail exists to protect citizens from political hit jobs, and if that annoys him, that’s precisely the point,” the statement read.
He further warned that Ruto’s rhetoric risks undermining Kenya’s constitutional order, particularly the independence of the judiciary.
“Ruto speaks as if his dislike can delete the law. Fortunately for Kenya, anticipatory bail is anchored in the Constitution, not in State House tantrums,” he said.
Taking a firm legal stance, Otieno described Ruto’s remarks as either stemming from “a troubling ignorance of the law or a reckless contempt for it.”
“Anticipatory bail is not a privilege dispensed at the pleasure of the Executive. It is a constitutional safeguard against precisely the kind of arbitrary arrests and political persecution his words seem to endorse,” he asserted.
Otieno stressed that the legal framework of the country is not subject to presidential emotions.
“In this Republic, the law is not amended by presidential irritation, nor does judicial independence bend to the insecurities of one man, however high his office,” he said.
Ruto on conservatory bail
Ruto has called out the judiciary for coming up with innovations that promote corruption in the country.
He said corruption is being propagated in the judiciary by giving suspects anticipatory bail.
He said the move is taking Kenyans miles back in the fight against corruption.
“I ask the judiciary not to be a haven for the corrupt to hide behind judicial decisions. We have innovations that are only available in Kenya, which allow a corrupt person or someone who has stolen public resources or someone in breach of law not to be prosecuted; it’s something called ‘anticipatory bail’, which is a Kenyan innovation that takes us backwards,” he said.
The President said that Kenya is undertaking a transformation; however, acts of corruption impede the fight.
He said all agencies and institutions must come together to help in the fight against corruption in the country and across counties.
“Somebody who has stolen public funds and then goes to the court and gets something called ‘anticipatory bail’ makes it impossible for such a person to be arrested and prosecuted endlessly. How does that support the fight against corruption?”
