
Legal And Policy Dilemma In The Fight Against Terrorism: The Bail Question In Terrorism Cases In Kenya
Introduction
Topics such as bail jurisprudence particularly in terrorism cases more often that not conjure up emotions of security concerns about the "bad guy that must kept off the streets". Most often, we tend to forget about the cardinal principle of the presumption of innocence in criminal justice.
The world today faces many challenges. Such challenges with a worldwide reach are aptly referred to as global challenges. Sometimes, the community of nations, through established structures, comes together to prescribe normative and policy framework geared towards, solving, containing or generally dealing with such global challenges. The greater challenge, however, is that such broad frameworks leave it to individual nations to come up with boundary specific measures that accord to the broad prescriptions to deal with the problems/challenges.
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One of the challenges that is widely accepted as a global challenge is the problem of terrorism. Terrorism is currently a crime without borders. It would definitely fit into the definition of organized crime, however prescribed. Its reach is global. However, the execution of the ills of terrorism is boundary specific. Kenya has played host to various heart rending episodes of acts of terrorism.
The closest that Kenya´s legal system has come in definition of terrorism is to be derived from the Prevention of Terrorism Act, 2012 where the term "terrorist act" is defined to mean:
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