Watch how Babu Owino made DCI walk out after successfully defending Kenyans at Ngong Law courts!

[00:00:00]Uh, thank you very much, Your Honor.

[00:00:03]Good morning, Your Honor.

[00:00:06]I'm uh Counsel Babu Win, an officer of the court.

[00:00:10]I'm here to represent uh our client, Your Honor.

[00:00:14]And uh would like just to give you a brief background of what uh transpired, which you are aware of. And Your Honor, on the said uh Sunday, our clients were arrested while attending a political rally.

[00:00:35]And Your Honor, they were presented before you on uh Monday.

[00:00:46]Your Honor, they did not get access to legal representation as required by the law.

[00:00:58]>> [snorts] >> And this, Your Honor, has led us to where we are today because of the exorbitant bond that was given then on that Monday.

[00:01:10]And Your Honor, this leads me to briefly talk about the Cab Rank rule.

[00:01:18]>> [snorts] >> And that it is a professional ethics that applies primarily to advocates in common law jurisdictions.

[00:01:33]And that, Your Honor, irrespective of the nature of the case, the reputation of the accused persons, their identity, alleged conduct, whether guilty or innocent, the accused persons are entitled to legal representation.

[00:02:02]And the main purpose of this principle, the cab rank principle, is to ensure access to justice for everyone, including unpopular or controversial alleged controversial clients, which our clients are not.

[00:02:23]And number two, to prevent any discrimination against [clears throat] any client.

[00:02:32]And number three, it reinforces the principle that every person deserves legal representation.

[00:02:43]And this rule came as a result of taxi drive drivers waiting in a in in a queue, Your Honor, where the first taxi driver in line must take the next passenger, rather than choosing any desirable customer.

[00:03:07]Similarly, advocates should not pick and choose clients based on any personal preference.

[00:03:14]Therefore, Your Honor, this principle is often associated with a famous advocate, Thomas Erskine, who was a British, and he argued that if advocates could choose whom to represent based on personal approval, then the liberties protected by the legal system would be endangered.

[00:03:41]He later became chancellor in Britain between 1806 and 1807.

[00:03:52]He was an advocate of the civil liberties.

[00:03:57]Your honor, we are guided by the professional duties under the Constitution of Kenya, the Advocates Act, and the code of standards of professional practice and ethical conduct, which emphasizes that everyone is entitled to legal representation.

[00:04:15]Why am I stressing on this, your honor?

[00:04:17]Because lack of that legal representation could have led to the exorbitant bond terms that were imposed on Monday as at Monday.

[00:04:29]Therefore, your honor, I would like to breathe some life to Article 48, which talks about access to justice.

[00:04:37]The state shall ensure access to justice for all persons, and if any fee is required, it shall it shall be reasonable and shall not impede access to justice.

[00:04:51]Article 50, your honor, also talks about guarantees the right to a fair hearing.

[00:04:58]And Article 50, Sub-article 2H, talks about to have an advocate assigned to the accused person by the state and at the state expense.

[00:05:11]And therefore, at that level, your honor, I would like to put some blame on the prosecution because having noticed that our clients did not have uh uh legal representation on Monday, they ought to have moved with speed and offer such service, which is enshrined in the Constitution.

[00:05:34]Article 159 of the Constitution talks about the judicial authority, your honor.

[00:05:39]And Article 159, Sub-article 2, states that the courts shall be guided by the principles, including justice shall done to all irrespective of status.

[00:05:51]And number two, justice shall not be delayed.

[00:05:59]Number three, the purpose and principles of the constitution of Kenya shall be protected and promoted.

[00:06:07]>> [snorts] >> And I'll give you an authority, your honor, in Rondel versus Worsley House of Lords 1969.

[00:06:16]Lord Reid stated that no counsel is entitled to refuse to act for any person, however unpopular or even offensive he or his opinions may be.

[00:06:27]Therefore, your honor, to summarize all this it is our prayer that you grant you further review, sorry, you review the bail terms that were imposed on Wednesday, the bail terms of 10,000 Kenya shillings to these clients, your honor who are earning 500 shillings should they get a job in a day cannot afford this exorbitant bail, your honor.

[00:06:59]To them they've never even touched 10,000 shillings at a go.

[00:07:05]Your honor when you look at them these are Kenyans who are really struggling on a daily basis to make ends meet, your honor.

[00:07:17]But are still in prison today because they cannot afford the 10,000 Kenya shillings which goes against their right to liberty.

[00:07:28]That is article 29 two.

[00:07:35]Your honor, the court having been convinced that the accused persons shall attend court it only means that the the cash bail ought not to have been punitive to them.

[00:07:49]Your Honor, this 10,000 Kenya shillings is so punitive.

[00:07:55]And the bond and the bail policy states that the cash bail cash bail should be applied in a manner that suggests that it is not punishing before trial.

[00:08:05]Cuz at all times the accused remains innocent until proven guilty. That is article 50 sub-article 2A.

[00:08:14]So, the doctrine of innocence, Your Honor, and to that extent it is clear that the accused persons are still in cuz they can't meet the bond terms.

[00:08:25]And therefore, unless the court intervenes, Your Honor, and grants them favorable accessible and affordable cash bail terms, then the whole aspect of having been granted bond or bail will have no purpose and will be an nugatory.

[00:08:51]Your Honor, you know that exorbitant bail terms amounts to denial of bail.

[00:08:56]And it is our prayer, Your Honor, that you leave these innocent Kenyans for free on personal bond terms, Your Honor.

[00:09:11]As I was communicating with them, talking to them, I've been informed that there are those who are sick in prison.

[00:09:18]There are those who are suffering from diabetes.

[00:09:23]There's one with a an iron rod on both legs on both legs, Your Honor.

[00:09:33]We have patients in prison instead of being in hospital.

[00:09:37]And your honor, there's also one who on that day, on that Monday, got twins. That is very good news.

[00:09:45]Only to celebrate this victory in prison.

[00:09:48]Your honor, and uh Your honor, it is our prayer that you leave you grant them >> [clears throat] >> personal bond terms because this 10,000 is still very exorbitant. Thank you, and God bless you, your honor.