MPs amend law to allow judges deny suspects bail

Courts will no longer be under duress to grant bail to suspects charged with capital offences.

This follows amendments made to the law by the National Assembly yesterday allowing judges and magistrates the right to deny bail to suspects charged in court.

The MPs said the right to bail under the Constitution had resulted in blanket bail by the courts even to capital offenders.

"The courts have been releasing some suspects, including those on trial for murder, just because the Constitution says they must give bail," said Samuel Chepkonga (Ainabkoi), chairman of the Justice and Legal Affairs Committee.

The MPs said some of the offenders, such as those engaged in terrorism, should not be released because they might execute the planned attacks.

"The judges must be able to look at the case before them. Under circumstances where lives are at stake, they should be able to use their discretion to lock these people up," said Gladys Wanga, a committee member.

Police and intelligence services have complained about the release on bail of terror suspects, who go on to execute planned attacks.

The two departments had asked Parliament to change the Criminal Procedure Code Act to allow the courts not to give blanket bail to all suspects appearing before them.