Bail in Kenya
ABDURRAOOF SWALEH BAWAZIR
12M01ALLB055
CRIMINAL PROCEDURE
LAW 208
MONGOI, MARCOS
TERM PAPER
THE LAW REGARDING BAIL IN KENYA AND ITS PRACTICE
Introduction
Bail is one of the rights protected by the Constitution, based on the notion that one is presumed innocent by the law until proven guilty. In general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However, the court has the option of releasing the individual before that determination is made, and this option is called bail.1 Bail is set by the judge during the defendant 's first appearance. For many misdemeanors, bail need not be set. For example, the defendant may be released on the issuance of a citation such as a ticket for a driving violation or when booked for a minor misdemeanor at a police station or jail. But for major misdemeanors and felonies, the defendant must appear before a judge before bail is determined.
Bail is granted to ensure the attendance of the suspect at the trial. Bail, therefore, consists of the temporary release of an accused person while awaiting trial. It is an agreement between the accused (and his sureties if any) and the court that the accused will pay a certain amount of money fixed by the court should he fail to attend court as and when required by the court.2 Bail is temporary as it is based on the assumption that the accused will show up in court if and when required to do so. The sureties bind themselves to the court to forfeit whatever amounts they have bound themselves.
An accused person can also be released upon her or his own recognizance, which is the accused’s written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime.
Historical Development of Bail
According
12M01ALLB055
CRIMINAL PROCEDURE
LAW 208
MONGOI, MARCOS
TERM PAPER
THE LAW REGARDING BAIL IN KENYA AND ITS PRACTICE
Introduction
Bail is one of the rights protected by the Constitution, based on the notion that one is presumed innocent by the law until proven guilty. In general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However, the court has the option of releasing the individual before that determination is made, and this option is called bail.1 Bail is set by the judge during the defendant 's first appearance. For many misdemeanors, bail need not be set. For example, the defendant may be released on the issuance of a citation such as a ticket for a driving violation or when booked for a minor misdemeanor at a police station or jail. But for major misdemeanors and felonies, the defendant must appear before a judge before bail is determined.
Bail is granted to ensure the attendance of the suspect at the trial. Bail, therefore, consists of the temporary release of an accused person while awaiting trial. It is an agreement between the accused (and his sureties if any) and the court that the accused will pay a certain amount of money fixed by the court should he fail to attend court as and when required by the court.2 Bail is temporary as it is based on the assumption that the accused will show up in court if and when required to do so. The sureties bind themselves to the court to forfeit whatever amounts they have bound themselves.
An accused person can also be released upon her or his own recognizance, which is the accused’s written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime.
Historical Development of Bail
According
Bibliography: Alexis de Tocqueville, 1835. Democracy in America. US Anon.B, 2013 Cogan, J. K., 2002. International Criminal Courts and Fair Trials: Difficulties and Prospects. Yale Farlex, S., 2008 K., C. J., 2002. International Criminal Courts and Fair Trials: Difficulties and Prospects. Yale KLR Center, 2011 Luyali, E., 2011. Kenyaplex.com. [Online] Available at: http://www.kenyaplex.com/resources/2038-right-to-bail-under-the-kenyan-laws.aspx M. Lunguzi v R (1995) KLR. Mavinda, C., 2011 Njuguna v R (2002) eKLR. R v Hall (2002) All ER R v Muneer Harron & 4 others (2009) eKLR. Republic v Danson Mgunya & another (2010) eKLR Republic v Danson Mgunya & another (2010) eKLR. The Constitution of Kenya, 2010. Children 's Act, 2001. African Charter on Human and People’s Rights, 1981.