The Kenyan Constitution (2010) guarantees a robust right to a fair trial, primarily under Article 50.
The cornerstone is the presumption of innocence** (Article 50(2)(a)), which dictates that every accused person is innocent until proven guilty in a court of law. This framework is designed to protect individuals from the state’s immense power, ensuring justice is delivered through a rigorous, impartial legal process.
However, this constitutional right is critically undermined by the practices of the Directorate of Criminal Investigations (DCI) and the Kenyan media, who collaboratively engage in “trial by media.”
The DCI, through active social media and press releases, often acts as prosecutor and judge. It “parades” suspects, publishes detailed narratives of their alleged guilt, and presents curated evidence before trial. This creates a powerful public presumption of guilt, directly violating the constitutional presumption of innocence and usurping the judiciary’s role.
The media amplifies this prejudice, prioritising sensationalism over substance. Headlines and talk shows declare suspects guilty long before court proceedings, sacrificing journalistic ethics for clicks and ratings. This uncritical amplification creates a “digital mob justice,” convicting individuals in the public eye and irreparably damaging their reputations, regardless of the eventual court verdict.
The consequences are severe: the accused’s dignity and privacy is violated, public pressure can compromise judicial impartiality, and trust in the legal system erodes. To uphold the Constitution, the DCI must communicate factually without pre-judging cases, and the media must recommit to balanced, ethical reporting that consistently reinforces the presumption of innocence.
Protecting this right is not about shielding the guilty but about defending the very integrity of Kenya’s justice system from state overreach and popular opinion.
