The National Police Service (NPS) has clarified that cash bail in Kenya is not a fine but a refundable deposit meant to ensure that an accused person attends court proceedings or reports to the police station as required.
Cash bail is a deposit paid upon the Court’s order to secure the release of an accused person pending the determination of a criminal case.
The Kenya Police Service (KPS), in a notice shared on Tuesday, April 21st, stated that the money is fully refunded once an accused person complies with all court dates and fulfills the conditions set by the court.
How Kenyans Can Claim Cash Bail Refunds
Police further explained that the cash bail system is designed to guarantee attendance rather than punish suspects before they are proven guilty.
“It serves as a guarantee that an accused person will return to the station or appear in court as required. If all dates are honored and the accused appears before court, you are entitled to get 100% of your money back,” KPS said.
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The cash bail may also be used as a fine upon conviction and sentencing, or forfeited to the state if the accused does not comply with the terms of release (e.g., by absconding), in which case it becomes government revenue and is not refunded.
Any person seeking a refund must first provide documents, including a payment receipt, to the court registry before the refund process can be initiated through the judicial system.
Kenyans who pay cash bail should always insist on an official Police 18A receipt, which serves as the only valid proof of payment when seeking a refund.
In the event the receipt is misplaced, the National Police Service notes that one must swear an affidavit of loss before a Commissioner for Oaths and obtain a police abstract to support the refund process.
KPS also advised members of the public to take a photo of the receipt immediately after payment to act as a digital backup.
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Bail Laws, Procedures and How It Is Granted at Police Stations and in Court
In Kenya, bail applications are governed by the Constitution, the Criminal Procedure Code, the Bail and Bond Policy Guidelines (2015), and the Police Force Standing Orders.
To begin with, a suspect may be released on cash bail, with or without sureties, or on a 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 upon payment of cash bail as security.
The cash bail is then forwarded to the court on the date the arrested person is required to appear, and an official receipt is issued as proof of payment.
In cases where a person released on bail fails to appear in court, the officer in charge of the police station must apply to the magistrate for a warrant of arrest.
Further, if an accused person violates bail or bond terms, the police may cancel the bail or bond, re-arrest the individual, and present him or her before the court.
Suspects may also be granted bail by the court after a determination by the judge handling the case.
