CJ tells Judges to act in public interest on terror cases

Chief Justice Willy Mutunga has urged judges dealing with terrorism-related cases to be “creative” in balancing justice with national security.

Dr Mutunga told jurists meeting in Nanyuki that the public interest overrides other factors when seeking to strike a balance between justice and security.

He said the “new national security challenges” must be “confronted within this new contextual reality.”

The chief justice’s intervention is a response to criticism that judges often compromise national security by granting bail to terrorism suspects.

Government officials, including Deputy President William Ruto, have argued that terror suspects often abuse their bail by proceeding to carry out attacks or assist in the staging of such attacks in the country.

CLOSER COOPERATION

“Public interest must override all attempts to resolve this contest between securitisation and rights. It is only through the innovation, creativity and attitude of security agencies on the one hand and the judiciary on the other that an accommodation of these apparently divergent but mutually reinforcing concepts can be found.,” said Dr Mutunga.

He made the remarks during the inaugural retreat of the National Council on the Administration of Justice.

Dr Mutunga called for closer cooperation and dialogue between security agencies and the judiciary in dealing with terrorism-related cases.

“All the actors in the justice chain need to negotiate a unified and common approach to their work. Going forward, we must embrace a broader view of national security and human rights as mutually reinforcing,” he said.