WHAT IS BAIL AND BOND?
Bail – An agreement between an accused person or his/her sureties and the court that the accused person will attend court when required, and that should the accused person abscond, in addition to the court issuing warrants of arrest, a sum of money or property directed by the court to be deposited, will be forfeited to the court.
Bond – An undertaking, with or without sureties or security, entered into by an accused person in custody under which he or she binds him or herself to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond.
It is a Right. The Right to Bail and Bond.
At the police station, you should be released on cash bail as a general rule- Only for petty crimes. Best you understand what the procedure is before you can pretend to use it. It is easier said than done.
Of course, there is always the competing human rights that a person should be or should not release from police custody on such terms as to Bond and Bail,- with or without sureties, or personal (free) bond or recognizance, conditional or unconditional.
First, there’s that which may be granted at the police station, then that which is given by the court. In each instance, there are certain determinants that the respective authorities would consider. It is always on a case-by-case basis. Otherwise in Kenya, the Right to Bail and Bond is a Constitutional Right.
Then bail and bond as a Right should not be a tool to be used to curtail a human right. That is to either grant or deny the same to the detriment of another. Of course, this goes to the scenario where the prosecution has struck first with a miscellaneous application followed by numerous adjournments on grounds of recording further statements and or conducting further investigations.
The assumption is that there is fear that there is a favor to the aggrieved, that the Respondent as it remains in police custody. Operating in the setting that innocent until proven guilty, it would be pointless to sympathize with concerns of mental health without expressly acknowledging the place of mental health. How important is it? Agreeably, it is a direct consequence of self-image. As in self. That kind could be referred to as a creation of emotions. Here we must differentiate feelings from emotions. Reasonably justified.
The elements for either granting and or denying bail and bond are expressed. To make it obvious what is considered. However, the stage is usually set out at the point one finds self in either divide. On the accused’s side or the victims’.Those determinants begin to make sense. They are so specific. They are included in the constitution itself. Surely the balance is justice. It must be seen to be done.
