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Post Reply: Outcry Over Protester's Death Prompts Kenyan Judiciary to Clarify Bail Rules

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 17, 2025, 11:48 am</div><div id="pl-7007"  class="panel-layout" ><div id="pg-7007-0"  class="panel-grid panel-no-style" ><div id="pgc-7007-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7007-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">The death of 24-year-old Julia Njoki, a protester arrested during the Saba Saba demonstrations on July 7, 2025, has sparked widespread outrage and protests across Laikipia County, leading the Kenyan Judiciary to issue a statement clarifying bail procedures. Njoki's death, which occurred while she was in custody, has reignited debates about police conduct, judicial processes, and the affordability of bail for ordinary citizens.</p>
<p dir="ltr">Julia Njoki was among 126 individuals arrested during the Saba Saba protests, which commemorate Kenya's struggle for multi-party democracy. The protests, held annually on July 7, saw citizens demonstrating against police violence and government corruption. Njoki was detained at Nanyuki Police Station and charged with malicious damage to property under Section 339(1) of the Penal Code. Unable to raise the court-imposed cash bail of 50,000 Kenyan shillings, she was remanded to Nanyuki Women's Prison on July 8.</p>
<p dir="ltr">According to prison authorities, Njoki reported feeling unwell shortly after her admission, complaining of dizziness, headaches, and stomach pains. She was rushed to Nanyuki Teaching and Referral Hospital that evening, where her condition deteriorated. She was later transferred to Cottage Hospital for a CT scan and admitted to the ICU. Despite medical intervention, including surgery, Njoki succumbed to her injuries on July 12. A preliminary medical report obtained by her family suggested she suffered blunt force trauma to the head, consistent with a severe beating, fueling allegations of police brutality.</p>
<p dir="ltr">The news of Njoki's death triggered widespread protests in Nanyuki, with residents blocking roads, lighting fires, and erecting barricades to demand justice. Demonstrators called for the arrest of the officers allegedly responsible for her injuries, chanting her name in solidarity. The protests, though largely peaceful, underscored the community's anger and frustration over what they perceive as systemic issues within the police and judicial systems. Human rights organizations, including the Kenya National Commission on Human Rights, condemned Njoki's death and called for an independent investigation, noting that it was one of at least 31 deaths linked to the Saba Saba protests.</p>
<p dir="ltr">An autopsy conducted by three pathologists revealed inconclusive findings regarding the cause of Njoki's death. While bleeding was detected in her brain, it was deemed insufficient to be the direct cause of death. Abnormalities were also noted in her liver, pancreas, and lungs, prompting further toxicology tests and analysis. The Independent Medico-Legal Unit, which led the autopsy, suggested that the brain bleeding might not have resulted from direct trauma, leaving open questions about the circumstances of her injuries.</p>
<p dir="ltr">The National Police Service has denied allegations of brutality, asserting that Njoki was in good health when she appeared in court on July 8. In a statement issued on July 14, the police clarified that Njoki died in Nanyuki Women's Prison, not in a police cell, as some social media claims suggested. They emphasized that all legal procedures were followed during her arrest and court appearance and expressed willingness to cooperate with any inquiries into her death. The Kenya Prisons Service corroborated this timeline, detailing the medical attention provided to Njoki after she reported symptoms.</p>
<p dir="ltr">Interior Cabinet Secretary Kipchumba Murkomen condemned police misconduct, stating that wearing a uniform does not justify unlawful actions. He urged restraint and emphasized the need for accountability, though he denied the existence of a police death squad, as alleged in some quarters. The public outcry also drew comments from prominent figures, including Nairobi Woman Representative Esther Passaris, who called for an independent post-mortem and national reflection to address custodial deaths. Law Society of Kenya President Faith Odhiambo described Njoki's death as deeply painful, highlighting the broader issue of custodial killings targeting young protesters.</p>
<p dir="ltr">The intense public reaction to Njoki's death, coupled with criticism of the 50,000-shilling bail amount, prompted the Judiciary to issue a statement defending its bail procedures. The Judiciary acknowledged the public's concerns and clarified that bail decisions are guided by constitutional principles and aim to balance the rights of the accused with public safety. It emphasized that bail amounts are set based on the nature of the offense, the accused's circumstances, and the need to ensure court attendance.</p>
<p dir="ltr">In response to allegations that the high bail contributed to Njoki's remand and subsequent death, the Judiciary outlined measures to ensure fair and transparent bail processes. These include regular training for judicial officers on bail guidelines and ongoing reviews to align practices with constitutional standards. The statement also addressed broader concerns about access to justice, noting efforts to make legal processes more equitable for all citizens.</p>
<p dir="ltr">The Judiciary's response comes amid growing scrutiny of the bail system, with critics arguing that high bail amounts disproportionately affect low-income individuals, effectively punishing them for their economic status. Njoki's case has become a focal point in this debate, with social media users and activists accusing the judicial system of enabling repression by setting unaffordable bail for protesters.</p>
<p dir="ltr">Njoki's death is part of a troubling pattern of custodial deaths linked to the Saba Saba protests. Reports indicate that at least 43 people were killed nationwide during the demonstrations, with Nairobi recording the highest number of fatalities. Other incidents in Nanyuki, including the shooting death of 17-year-old Thomas Gachara and injuries to two other youths, have further fueled public anger. The Kenya National Commission on Human Rights has called for systemic reforms within the National Police Service to address allegations of extrajudicial killings and excessive force.</p>
<p dir="ltr">The controversy surrounding Njoki's death has also drawn parallels to other cases, such as that of Albert Ojwang, a teacher and blogger who died in police custody in Nairobi in June. These incidents have intensified calls for accountability and transparency, with activists and families demanding justice for those lost to alleged police violence.</p>
<p dir="ltr">As investigations into Njoki's death continue, her case remains a rallying cry for reform. Protesters in Laikipia County have vowed to continue their demonstrations until those responsible are held accountable, while human rights groups push for independent probes to uncover the truth. The Judiciary's clarification on bail rules is seen as a step toward addressing public concerns, but many argue that broader systemic changes are needed to prevent similar tragedies in the future.</p>
<p dir="ltr">For now, Julia Njoki's family and community mourn her loss, holding onto her memory as they seek justice. Her death has not only highlighted the challenges within Kenya's criminal justice system but also galvanized a movement for accountability and change.</p>
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