The Registrar of Magistrate and Kadhi Courts Caroline Kabucho on Monday, October 30 revealed that the Judiciary has accumulated Ksh.41.4 million on cash bail since the beginning of January 2023.
Speaking to the media, Kabucho asked members of the public to collect their cash bails after the determination of cases.
Moreover, she mentioned that the judiciary has gathered a total of Ksh.5.1 billion from ongoing and concluded cases for the year ending Wednesday, October 31, 2023.
Further, she warned that the assets will be transferred to the Unclaimed Financial Assets Authority, UFAA if the owners fail to claim them within the stipulated time.
Kenya Law Reform Commission (KLRC) defines a bail as an agreement between an accused person or his/her sureties and the court that the accused person will attend court when required, and that should the accused person abscond, in addition to the court issuing warrants of arrest, a sum of money or property directed by the court to be deposited, will be forfeited to the court.
Speaking to The Kenya Times, Lawyer Mwaura Muroki explained that accused or his representatives can request for release of the bail after completion of the case.
He further said the accused should then provide the receipt issued during the bail application for processing.
“The accused or their advocate upon completion of the case then requests for an order of the release of bail and then proceeds and provides receipt issued at the registry after which the same is requisitioned and given back to them,” said Muroki.
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Understanding Cash Bail & Bond in Judiciary
On the other hand, KLRC defines bond as 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.
In Kenya, a bail and bond application are governed by the Constitution, the Criminal Procedure Code, the Bail and Bond Policy Guidelines, 2015, the Police Force Standing Order.
To begin with, a suspect may be released on cash bail, with or without sureties, or personal (free) bond or recognizance at the police station.
Additionally, the Police Force Standing Orders require the officer in charge of a police station to release any person arrested on a minor charge on the security of cash bail.
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This cash bail should be handed to the court by the date on which the arrested person should appear in court, and a receipt obtained.
In case a person who has been released on bail fails to appear in court, the officer in charge of the police station should apply to the magistrate for a warrant of arrest.
In addition, if the accused person violates bail or bond terms, the police should cancel the bail or bond, re-arrest him or her, bring him or her to the police station, and take him or her to court.
Suspects can also be issued with bail in court after determination by the judge in charge of the case.
