Magistrate courts punishing the poor with exorbitant bail terms

In the rhythm of democracy, the pulse of right to protest beats loudest when the voices of the many challenge the might of the few. Yet, in Kenya, that rhythm is being stifled, not only through overt bans or censorship but also by the silent hand of the courts, particularly within the subordinate courts. In recent months, the criminal justice system has exposed its underbelly; a pattern where bail terms for arrested protesters and those charged with petty offences border on punitive excess, guised as judicial discretion. While the Constitution makes clear that bail is a right not a privilege, the magistracy continues to apply it as a sieve to separate the privileged from the ordinary citizen, casting shadows over the very notion of justice.