The recent events at Kahawa Law Courts have brought new attention to Kenya’s judicial system, exposing a major gap between the law and the lived experiences of ordinary citizens.
While the Judicial Service Commission released a statement on July 17, 2025, defending judicial officers from what it termed as unfair personal attacks, it failed to acknowledge the very real challenges faced by accused persons who are too poor to meet court terms.
The JSC emphasized that decisions on bail and bond follow the Constitution, the Criminal Procedure Code, and the Judiciary’s own guidelines.
But these laws, though well-structured on paper, are difficult to apply fairly in a country where the average person earns very little and owns almost nothing of high value.
A post shared by NjiruAdv on the same day called out the JSC for ignoring the financial struggles that keep many Kenyans locked up. The numbers speak clearly.
The average monthly income is around KShs. 20,123, which is barely enough for basic needs. Only 8 percent of Kenyans own cars, and only 37 percent of landowners have title deeds. These statistics mean most people cannot produce the kind of collateral that courts often demand for bail.
Statement from JSC
When someone is asked to present a logbook or land title, and they don’t have one or even if they do, the validation process can take weeks they end up staying in custody longer than necessary. This reality goes against the principle of justice being quick, fair, and accessible to all.
The JSC statement focused heavily on legal procedure and judicial independence, which are important pillars in any democracy.
But independence should not come at the expense of fairness. Legal systems must work for the people, especially the most vulnerable. When bail is set without considering someone’s ability to pay, it becomes a tool of oppression rather than justice.
The Judiciary must be brave enough to admit that its current guidelines do not reflect the economic hardships most Kenyans face.
Saying there are appeal and review options is not helpful to someone who cannot even afford transport to the court or legal fees to hire a lawyer.
What happened at Kahawa Law Courts could turn out to be a defining moment. If the outcry leads to honest reforms, Kenya’s justice system could become stronger and more fair.
But if the JSC keeps focusing only on protecting itself while ignoring the cries of ordinary people, it risks losing public trust altogether.
Reforms should consider non-financial alternatives for bail, like community monitoring or reporting requirements.
The process of verifying land or car ownership should also be made faster and more transparent. Other countries have done this. Kenya can learn from them.
At the end of the day, justice is not just about what is written in the law books. It is about how those laws affect real people.
The JSC must go beyond statements and start addressing the deeper issues. Fairness should not depend on whether someone owns a car or a piece of land. It should be a right enjoyed by every Kenyan, regardless of status or income.
