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HomenewsBail And Bond: How To Secure Release Of An Accused Person 

Bail And Bond: How To Secure Release Of An Accused Person 

Most Kenyans go through a lot of difficulties when their loved ones are arrested and they don’t know the procedure to follow to have them released. 

The Accused person under chapter 49 article 1 (h) of the constitution has a right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. 

A person charged with a criminal offence can be released either on cash bail, bond with surety or personal bond.

Cash Bail

This is the easiest way to have the accused person released as all you need is cash to post. The following is what is required once you have the cash:

  1. Particulars of the accused person 
  2. Case number

Once you give out these details to the court assistant, he/she will issue you with a form filled with the details of the accused, case number and the amount to be deposited. The form has to be stamped and signed by the court assistant.

You can pay the cash bail via M-PESA or Mobile banking or with the signed form you can proceed to the bank (KCB) or to the  KCB AGENTS stationed within the court premise and make your deposit and once you do so you proceed to the Cash office with the deposit slip for verification of payment. The slip will be stamped and signed by the accountant in charge confirming money has been deposited in the courts account.

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You will present the certified deposit slip to the court assistant who will retrieve the file, attach the deposit slip and the payment form and forward it to the cash office for issuance of cash bail deposit receipt.

Once issued the court assistant will fill the release order after checking all the details are in order and take the documents and the file to the magistrate/judges who will sign the release order.

Once signed the court assistant will enter the details in the cash bail register and will take you to the prison section within the courts where the cash bail deposit receipt and release order will be presented to the officer in charge of prison to secure release of the accused person.

NB: All receipts will be in the accused person name. In some stations the person processing the accused person’s release may be required to give his/her details as a contact person.

Bond with Surety

To release an accused person with bond with surety is a much longer and tedious process but can be done in a day or 2 if one knows the requirements and steps to follow. The following are some of the documents one can use to secure release for an accused person on surety:

  1. Title deed
  2. Logbook
  3. Pay slip
  4. Share certificate
  5. Bank draft
  6. Fixed Deposit Receipt (FDR)

These are the most commonly used documents as security but the magistrates/judges have the discretion to use any other documents they deem fit.

 

  • TITLE DEED

 

The title deed (original) should be accompanied by:

  1. i) Copy of the surety ID card. 
  2. ii) Most recent search.

iii) Recent passport size photos.

  1. iv) Letter from lands.
  2. v) Valuation report from a registered valuer. *(1) 

Particulars of the accused person are given to the officer in charge of the registry by the surety. The officer in charge of the registry will:

  1. Retrieve the file for verification of the bond terms.
  2. Check the documents are in order.
  3. Make reference to the land registry for validity of the documents. *(2)
  4. Check if the documents are certified by the issuing authority.

 

  • LOGBOOK

 

The logbook (original) should be accompanied by:

  1. i) Physical car. *(3)
  2. ii) Pictures of the car.

iii) Most recent search of the car.

  1. iv) Valuation report from registered valuer (AAK recommended).
  2. v) Letter from NTSA.
  3. vi) Copy of the surety ID card.

vii) Recent passport size photos.

Particulars of the accused person are given to the officer in charge of the registry by the surety. The officer in charge of the registry will:

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  1. Retrieve the file for verification of the bond terms.
  2. Check the documents are in order.
  3. Make reference to NTSA for validity of the documents. *(2)
  4. Check if the documents are certified by the issuing authority.

 

  • PAY SLIP

 

The pay slip (original) should be accompanied by:

  1. i) Copy of the surety ID card.
  2. ii) Letter from employer. *(4)

iii) Recent passport size photos.

  1. iv) 3 recent pay slips. *(5) 

Particulars of the accused person are given to the officer in charge of the registry by the surety. The officer in charge of the registry will:

  1. Retrieve the file for verification of the bond terms.
  2. Check the documents are in order.
  3. Make reference to employer for validity of the documents. *(2)
  4. Check if the documents are certified by the issuing authority.

 

  • SHARE CERTIFICATE

 

The share certificate (original) should be accompanied by:

  1. i) Copy of the surety ID card.
  2. ii) Letter from the share company. *(6)

iii) Recent passport size photos.

Particulars of the accused person are given to the officer in charge of the registry by the surety. The officer in charge of the registry will:

  1. Retrieve the file for verification of the bond terms.
  2. Check the documents are in order.
  3. Make reference to the share company for validity of the documents. *(2)
  4. Check if the documents are certified by the issuing authority.
  • BANK DRAFT

 

The bank draft (original) should be accompanied by:

  1. i) Copy of the surety ID card.
  2. ii) Letter from the Bank. *(7)

iii) Recent passport size photos

Particulars of the accused person are given to the officer in charge of the registry by the surety. The officer in charge of the registry will:

  1. Retrieve the file for verification of the bond terms.
  2. Check the documents are in order.
  3. Make reference to Bank for validity of the documents. *(2)
  4. Check if the documents are certified by the issuing authority.

 

  • FIXED DEPOSIT RECEIPT (FDR)

 

The FDR (original) should be accompanied by:

  1. i) Copy of the surety ID card.
  2. ii) Letter from the Bank. *(8)

iii) Recent passport size photos.

Particulars of the accused person are given to the officer in charge of the registry by the surety. The officer in charge of the registry will:

  1. Retrieve the file for verification of the bond terms.
  2. Check the documents are in order.
  3. Make reference to Bank for the validity of the documents. *(2)
  4. Check if the documents are certified by the issuing authority.

If the documents are in order the surety will be taken before the court, sworn in, examined by the prosecutor and the magistrate/judge -if need be- and approved/disapproved by the magistrate/judge.

The court assistant will then proceed to prepare the necessary documents that is particulars of the surety, release order and bail and bond.

Once signed the court assistant will enter the details in the security register and will take the surety to the prison section within the courts where the bail and bond and release order will be presented to the officer in charge of prison to secure release of the accused person.

NB: – In all cases, in exercise of their discretion, the magistrate/judge may request for further verifications/enquiries, as they deem necessary.

– The surety should have his/her original ID.

– It is the duty of the surety to ensure that the accused attends court.

– The surety can at any given time request to be released as a surety by writing a letter requesting for a mention date and appearing on that date in court with the accused person or by presenting himself/herself in court on the hearing date and making the application.

 -(1) Value of the land should amount to the bond terms but some magistrate in their discretion can accept one with a little less value as land appreciates.

– (2) In some court stations it is the investigating officer who does the verification of the documents.

– (3) The physical car has to be examined by the court to confirm details of the car and the logbook.

– (4) The letter should indicate that the surety is an employee, terms of employment, salary and that the surety is standing surety for the accused.

– (5) The net pay should be able to cover the bond terms and if not, the saving will do in which case the surety needs a letter from the relevant institution stating that he/she has committed his/her saving/shares/deposit as part of the surety.

– (6) Letter from the share company stating that the surety will not withdraw his/her shares unless there is an order from court. The letter should contain the name of the accused and the case number.

– (7) Letter should indicate name of the surety, name of accused, case number and should state that the bank draft will revert to the surety once the case is finalized and there is an order stating the same.

– (8) Letter should have the name of the surety, name of accused, case number, FDR number and should state that it will only revert to the surety once the case is finalized and there is an order stating the same.

PERSONAL BOND

It is rarely used as they are no security to compel the accused person to attend court. If the court gives an accused person a personal bond all he/she does is gives out his/her particulars and signs the bond and bail stating that if he/she absconds court he/she will forfeit the amount of personal bond given.

Once accused is released he/she is required to attend court as and when required.