Getting Court Bail in Kenya: There are many things Kenyans are not aware of when they are arrested by police officers. This kind of ignorance subjects people to exploitation from police officers. According to the 2010 Constitution, Article 49, when you are arrested, you have a right to be informed of the reason you are being arrested, your right to be silent, and the consequences of not being silent. You also have the right to an attorney. Additionally, the police should inform you of your right to be released on cash bail. Here is a look at what bail is and how you can get it.
Bail is given to make sure the suspect in a case attends trial. Bail is simply the temporary release of a suspect while waiting for trial. It is an arrangement between the suspect and the court that the suspect will pay a fixed amount of money if they fail to appear in court for their trial.
According to Section 123 of the constitution, you can get bail from the police or in court after making an application. When an accused person has been held for an unreasonable time frame, they can go before a court and apply for bail. A habeas corpus application is made before the court. Habeas corpus compels the person remanding the suspect to present them in court.
There are three ways a court can grant bail:
Cash bail– This is where cash is deposited with the court and a receipt is obtained. The court will indicate the date for hearing and record the cash bail.
Bond– A free bond is where the accused is released on bond after agreeing to pay a fixed amount. If the accused should fail to turn up in court, they may be required to forfeit the amount.
Bond and surety– In some cases, the court may require you to produce sureties. Surety are presented in court and examined to ensure they understand their obligation and responsibility towards the suspect. The person who acts as surety is charged with ensuring the suspect appears in court. The person who agrees to be surety is required to sign a document where they agree to forfeit a certain amount of money if the suspect absconds.
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