MENU
Legal Chatbot
Case Summaries
Law Firms
Documents
Forum
Online Tests
Sign In
Join
Clarification on Bail and Bond Terms in Kenya
I need clarification on Bond and Bail terms in Kenya. I usually hear the 2 terms being mentioned interchangeably in court proceedings. Any one who can clarify?
Share this post with your network:
Comments:
Guest
said:
In Kenya, both bail and bond are ways used to secure the release of a defendant from jail while they await trial. They however operate slightly differently:
1. Bail:
Bail refers to an amount of money paid by the defendant or family to ensure that he/she will attend court as required. This sum of money is usually refunded at the end of the case, if the defendant complies with the court's requirements.
When granted bail, if the accused has the money, they can pay it into the Judiciary bank account and get released on the same day they were charged.
2. Bond:
Bond is an undertaking, with or without sureties, entered into by the accused in custody. The accused binds themselves to comply with certain conditions, and if they fail to comply, they are required to pay a sum fixed in the bond.
Bond often involves participation of a third party known as a surety, who provides security such as a title deed, car log book.
The accused is required to adhere to court's conditions, failure to which the security put up by the surety may be forfeited to the court.
(
1
)
Maurice
said:
Bail and Bond are often used in the legal system, and they refer to two different concepts related to the release of accused individuals from custody while they await trial. Bail refers to a temporary release of an accused person from police custody or pre-trial detention upon the payment of a sum of money or the provision of a form of security. The purpose of bail is to ensure that the accused person appears in court for their trial and does not attempt to flee. If the accused person appears in court as required, the bail amount is returned at the end of the case. A bond is a written promise or agreement, typically signed by the accused person and a surety to pay a certain sum of money to the court if the accused person fails to appear in court as required.
(
1
)
Mutiso
said:
Bond and bail mean different things. Bail refers to the amount of money set by the court that allows an accused person to remain free as they await trial. On the other hand, bond is an agreement that the accused person signs, promising to appear in court when required.
(
1
)
Winfred
said:
In Kenya, every accused person even in capital offences, has a right to bail under the law but the right is not absolute.
BAIL is a conditional release of a person from legal custody by undertaking that the person shall appear in court at a time and place designated pending a charge or trial. The court has the discretion to deny or grant the accused person bail depending on the circumstances of each case. In most offences, the court always grants cash bail and that is money that will be paid to the judiciary to secure release and once the case is over it will be given back to the accused.
BOND - It is an undertaking, with or without sureties or security, entered into by an accused person in custody under which he or she binds him or herself to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond. As a surety for the accused person, you have to ensure that the accused who you have agreed to pay bond appears in court and abides by all bail conditions of the court.
(
0
)
Guidelines:
Stay on topic.
No spam or self-promotion.
No hate speech.
Avoid posting personal information.
Post your comment now
.
Post your comment here:
Related Topics:
Implications of Cybercrime Law on Social Media Usage
How effective is the Computer Misuse and Cybercrimes Act of 2018 in curbing cybercrime?
How fair are the bail and bond terms set by courts for suspects in criminal cases in Kenya?
Due Process in Arrests Without Warrants in Kenya
The Power of the Director of Public Prosecutions to Enter Nolle Prosequi in Kenyan Criminal Proceedings
View all topics