Differences between cash bail and bond, how it works in Kenya's legal system

• Sureties play a critical role in ensuring the accused adheres to court conditions and face significant risks if the accused flees
• Cash bail and bond are key concepts in the judicial process for the release of accused persons pending trial
• Cash bail provides quicker release through immediate financial transactions, while bonds involve verifying the surety's credentials and the value of pledged assets

Navigating the judicial process involves understanding key concepts such as cash bail and bond.

These terms often come up in legal discussions, especially when dealing with the release of accused persons pending trial.

Here’s an in-depth look at what cash bail and bond entail, their differences, and the role of sureties in the court system.

What is cash bail?

Cash bail is a monetary condition set by the court to ensure that an accused person returns for trial. It acts as a deposit, representing the accused's promise to attend all court hearings.

If the accused complies, the bail is refunded at the end of the trial; if not, the bail is forfeited.

This system is straightforward: if the accused can pay the specified amount into the Judiciary’s bank account, release from custody can occur swiftly, often on the same day the bail is posted.

What is a bond?

Unlike cash bail, a bond involves a surety, which can be a person or an asset, such as property or a vehicle.

The surety guarantees the court that the accused will adhere to the bail conditions and appear at all required proceedings.

The bond is not a direct payment but a pledge by the surety to be liable for a specified sum if the accused fails to comply with the terms of the release.

Examples of bail and bond

Consider a hypothetical scenario where an individual is accused of robbery with violence—a capital offence in Kenya.

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The court might set a cash bail of Sh500,000. If the accused can pay this amount, they are released pending trial.

However, if unable to pay, they might opt for a bond. Here, a relative could stand in as a surety by pledging a title deed to their property as security for the same amount.

The role of sureties

Sureties play a critical role in the bond system. They ensure that the accused adheres to the conditions set by the court.

This responsibility carries significant risks; if the accused flees, the surety could lose the pledged property or might even face detention if unable to produce the accused in court.

Risks and responsibilities

Being a surety is not without its challenges. For instance, if an accused person under a bond arrangement decides to abscond, the surety’s property is at risk of being forfeited to the court.

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This scenario underscores the importance of sureties fully understanding their responsibilities and the character of the person they are vouching for.

Differences in process and timing

The main difference between cash bail and bonds lies in their processing times and procedures.

Cash bail provides a quicker release due to the immediate financial transaction. In contrast, a bond can be more time-consuming, involving the verification of the surety’s credentials and the value of the pledged assets.

Legal implications of violating bail or bond conditions

Both cash bail and bond are revocable. The court has the authority to cancel these arrangements if the accused violates any conditions, such as attempting to contact witnesses or leaving the jurisdiction.

Violations can lead to immediate re-arrest and remand until the case is resolved.