Willis Otieno urges judiciary to resist executive influence in bail decisions
Lawyer Willis Otieno has called on magistrates and judicial officers to uphold the independence of the judiciary and resist any attempts to turn the courts into instruments of political control.
Taking to his official X account in the wee hours of Thursday, July 17, 2025, Otieno warned against what he described as growing public concern over the perceived politicisation of judicial processes, particularly in the handling of bail and bond rulings.
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“Magistrates and judicial officers must guard their judicial independence jealously and avoid any conduct that creates the perception that the judiciary is being weaponised as an extension of the executive or security apparatus,” Otieno stated.
Fairness
Otieno emphasised that bail jurisprudence in Kenya is well established under the Constitution and must be applied fairly and without bias.
“Bail jurisprudence in Kenya is clear: it is to be exercised fairly, judiciously, and without political considerations,” he stated.
The lawyer’s comments come amid public outrage over recent cases where protestors, bloggers, and civil rights activists have been denied bail or subjected to extended detention without adequate justification, sparking fears that the justice system is being used to silence dissent.
Otieno urged judicial officers to remember that they are the final line of defence in protecting the rights of citizens.
Hefty bail
Otieno’s remarks come hours after anguish and desperate cries on Wednesday, July 16, 2025, rent the air outside Thika Law Courts, where 58 suspects stood behind cell gates, agitated after a bail ruling.
From inside, they pounded and pleaded, desperate to break free—freedom so close, yet heartbreakingly out of reach for them and their parents on the outside.
Despite the raw emotion pouring from both inside and out, the court’s ruling was firm: each suspect must pay a hefty bail of Ksh100,000 or post a bond of Ksh300,000, an impossible sum to put together for most of the families.
