Bond is a form of security, often financial, that an accused person provides to guarantee their appearance in court or compliance with court orders. It serves as an undertaking, sometimes with sureties, where the individual agrees to abide by the conditions set by the court, or else forfeit the bond amount.

A). LEGAL FRAMEWORK

It is grounded on article 49(1)(h) of the Constitution of Kenya 2010 which gives an arrested person 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.” 

The Criminal Procedure Code (CPC) also empowers an officer in charge of a police station or a court to admit a person accused of an offence (other than murder, treason, robbery with violence, attempted robbery with violence and any related offence) to bail or release on executing a bond with sureties for his or her appearance.

Further, Article 49(2) of the Constitution provides that “A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.”

B). TYPE OF BOND SECURITY AND CORRESPONDING REQUIREMENTS

The following are requirements for processing of the various types of security for bond as listed below.

(i)Title deed

Original title deed.

Valuation report from a licenced valuer.

Certificate of official search and payment receipt from lands office.

Verification letter from land registar & D.C.I.O.

Two (2) passport photographs .

Copy of pin certificates original.

Copy of identity card & owner of the title deed in person.

(ii). Logbook

Original logbook.

Copy of records and copy of payment receipt.

Valuation report.

Two (2) passport photographs.

Copy of pin certificates motor vehicle or motorcycle itself.

Original & copy of identity card & owner of the same in person.

(iii). Payslip

Original current payslip

Introduction letter from employer binding letter from SACCO (if bond given excess the net pay) i:e the SACCO should commit itself that in case the member withdraws from SACCO, they will withhold the shares until the case is heard and determined.

Two (2) passport photographs.

Copy of pin certificates.

Original & copy of identity card & owner of the title deed in person.

(iv). Personal bond

Original and copy of identity card.

Letter from area chief/ assistant chief confirming that he/she knows the accused and where he /she resides.

Letter from the area village elder letter from the area community policing officers.

Copy of pin certificates two (2) passport photographs.