19-year-old suspect Ian Njoroge who is facing charges after assaulting a police officer will spend the weekend in remand despite being freed by the High Court in Nairobi.
Njoroge was on Friday, June 7, 2024, freed on a Ksh700, 000 bond at the Milimani Law Court in Nairobi.
However, the Technical University of Kenya (TUK) student will spend at least the weekend behind bars as his release was through a bond.
Bond placement in Kenya is usually a long process which involves placing pledges of properties such as title deeds or a motor vehicle logbook.
Bonds are placed in form of surety where an accused is expected to provide someone to stand in as surety by giving security through different items equivalent to the bond issued by the court.
Also Read: Court Gives Way Forward in Ian Njoroge’s Case
“A bond 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,” notes the Judiciary of Kenya.
Bonds & Bails in Kenya
The Judiciary further states that courts have powers under the Constitution to either deny or to admit an accused person to bail or to release him or her upon executing a bond with sureties for his or her appearance.
This applies to every accused person, including those in capital offences like murder and robbery with violence, but the right is not absolute.
However, someone who is provided by the accused person as a surety in the bond placement must ensure that the accused who they have agreed to pay bond appears in court and abides by all bail conditions of the court.
Also Read: Police Officer That Arrested Ian Njoroge Among Cops Arrested; Here’s Why
If the accused decides to default or runs away, then the property put up by the surety as security will be forfeited to the court.
On the other hand, the Kenya Law Reform Commission defines bail as an agreement between the accused person or his sureties and the court that the accused person will attend court when required.
The court always grants cash bail in most offences which is money set to be paid to the judiciary to secure release.
Additionally, the accused is granted a refund by the Judiciary once the case is over.
Ian Njoroge granted Bond
In Ian Njoroge’s case, he was granted a Ksh700, 000 bond which means that he will have to provide a surety who will place property worth the amount.
According to the Kenyan Laws, if the surety places the property such as a title deed or a logbook to secure a bond, Police officers must help the court verify the document’s authenticity.
This explains why Njoroge who has been making headlines since he was captured assaulting a traffic officer will remain in police custody despite the court ordering his release.
Njoroge appeared before the Milimani Law Court magistrate Ben Mark for the bail hearing in a case where he is facing three counts of resisting arrest, assault, and robbery with violence.
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