Difference Between Cash Bail And Bond In Kenya

The contrast between cash bail and bond in Kenya is highlighted in this article. The two terms, which are frequently used in legal proceedings, don’t differ all that much from one another.

Difference Between Cash Bail And Bond In Kenya

A person accused of a crime must pay monetary bail to the court in order to be released before their case is heard. To put it another way, one pays a fine to the court in exchange for freedom. It is a means of ensuring that the defendant appears in court once more for the trial.

Different forms of cash bail exist. This comprises;

  • An accused individual is granted pre-trial bail prior to trial.
  • A person who has already received a sentence and is awaiting the outcome of an appeal is given bail pending appeal.
  • A person is granted anticipatory bail before being arrested. This is possible as long as the petitioner can show that a governmental agency that is obligated to uphold their rights will probably violate or impair their right to liberty.

Read How to File a Case in Court in Kenya

On the other hand, a bond is when a court orders an accused person to provide security or surety in lieu of paying cash for release. A bond may be self-declaring or backed by a surety, in which case the surety commits to watching over the accused’s appearance in court and compliance with all rules.

Title deeds, auto logbooks, bank drafts, paystubs, share certificates, and insurance bonds are all acceptable forms of security in the court.

Everyone has a right to bail, per Article 39 of the new constitution. Unless there are sufficient reasons to deny it, bail is available for all offenses. The amount of money deposited as security will be lost to the court if an accused person does not appear in court when needed and the court proceeds to issue an arrest warrant to the police.