Addressing the inadequacies in the bail and bond provisions in Kenya: focus on corruption cases.
Date
2020-11
Authors
Kilungya, Charity Mumbe
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The Constitution of Kenya does provide for the right to bail for arrested persons, however, there are no clear guidelines to govern the granting of bail and bond for corruption cases. The discretion has been left at the hands of the court to decide the amount of bail and bond to be granted to those arrested for corruption. This is a challenge as the cases have increased over time. There is, therefore, a need for clear legislation that will govern the courts. Through a keen study of past precedent in Kenya, it has been realized that indeed there is a gap that needs to be filled by legislation regarding the bail and bond for corruption cases.
Description
An arrested person has the 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.1 Bail is an agreement between the accused, their sureties and the court where a sum of money is lodged that will guarantee that the accused will show up in court when required.2 Bond, on the other
hand, is defined as an undertaking, entered into by an accused person in custody, with or without sureties under which he or she binds him or herself to comply with the conditions required by the court, failure to which the accused should pay the amount of bond.