JUDGMENT OF THE COURT
The right to be presumed innocent is considered as one of the most fundamental constitutional guarantees in the criminal justice system in Kenya. It relieves those suspected to have committed criminal offences of the burden of proving their own innocence.
By Article 50 (2) (a) of the Constitution;
“Every accused person has the right to a fair trial, which includes the right to be presumed innocent until the contrary is proved.”
Article 49(1) (h) on the other hand guarantees an arrested person the right;
“...to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
This is so because every accused person has the right to liberty and as a general rule, therefore, every accused person should not be detained upon arrest pending trial. Instead, he or she ought to be released, subject to there being a guarantee to appear for trial. It must follow that pre-trial detention can only be resorted …