This article highlights the difference between cash bail and bond in Kenya. There isn’t much difference between the two terms which are commonly used in the courts of law.
Cash bail is an amount of cash or money that a person accused of crime pays to the court so that he/she can be released until trial. In simpler terms, one deposits money with the court in exchange for freedom. It is a way of making sure that the person returns to court for trial.
There are different types of cash bail. This includes;
- Pre-trial bail that is given to an accused person before trial.
- Bail pending appeal that is given to a person who was already sentenced and is waiting for the hearing of an appeal.
- Anticipatory bail which is given to a person pending his or her arrest. This is as long as the applicant demonstrates that his or her right to liberty is likely to be breached or compromised by a state organ that is required to protect his or her rights.
On the other hand, bond relates to when a court asks an accused person to deposit security or surety for release instead of paying cash. A bond can be self defining or with a surety, which implies that a person binds himself to ensure that an accused person attends court and complies with all conditions. A court may accept title deeds, motor vehicle logbooks, bank drafts, payslip, share certificate or insurance bonds as security.
According to Article 39 of the new constitution, everyone has a right to bail. All offences are bailable unless there are compelling reasons to deny one. If an accused person fails to attend court when required and the court goes ahead to issue a warrant of arrest, the sum of money deposited as security will be forfeited to the court.