Have you ever wondered what the difference is between bail, bond, personal bail, and police cash bail in Kenya? In a detailed legal explainer, seasoned criminal lawyer Danstan Omari breaks down these common legal terms that many Kenyans encounter—especially during an arrest or court process.
Understanding the distinction between bail and bond is crucial, especially if you or a loved one ever finds themselves on the wrong side of the law. Let’s dive into what each of these terms means under Kenyan law.
What is Bail?
Bail refers to a temporary release of an arrested person before their case is concluded, often granted by a police officer or the court. The key thing to note is that bail does not involve payment of money upfront—rather, the arrested person or a surety promises (in writing) that the accused will appear in court when required.
🧑⚖️ “Bail is free,” says Danstan Omari. “It is your constitutional right under Article 49 of the Constitution.”
Types of Bail:
- Police Bail: Granted at the police station before the suspect is taken to court.
- Court Bail: Granted by the court after plea-taking.
What is a Bond?
A bond is a more formal version of bail, usually granted by a court, and often requires a financial surety—a pledge of money or property to guarantee the suspect’s return to court.
- A cash bond means you pay a specific amount in cash.
- A surety bond means someone with assets (often land or a job) guarantees your court appearances.
🔎 Omari explains: “Bond is bail with a financial security attached. If the accused skips court, the surety pays.”
What is Police Cash Bail?
Police cash bail is issued at the police station, especially when the suspect is being held for a bailable offence but can’t be taken to court immediately (e.g., over the weekend or public holidays).
In this case, police request the suspect to pay a specific amount in cash to be released temporarily.
🛑 Important: This money is refundable once you appear in court.
What is Personal Bond or Personal Bail?
This is when no surety or money is required—only the suspect’s own written guarantee that they will show up in court. It’s typically granted to suspects of minor offenses or those considered low flight risk.
So, What’s the Key Difference?
| Term | Who Grants It | Involves Money? | Purpose |
|---|---|---|---|
| Bail | Police/Court | No | Temporary release before court date |
| Bond | Court | Yes (cash/property) | Guarantee for future court appearances |
| Police Cash Bail | Police | Yes (cash) | Interim release before court date |
| Personal Bond | Court | No | Low-risk suspects’ personal pledge |
Why Understanding This Matters
Knowing the difference between these terms helps you:
- Avoid exploitation by corrupt officers.
- Exercise your rights if arrested.
- Know what options exist to regain your freedom legally.
Watch Lawyer Danstan Omari Explain It All
In the video, Omari unpacks real-life scenarios, explains the misuse of police bail by rogue officers, and reminds Kenyans that “bail is not a favour—it’s a constitutional right.”
Final Thoughts
While the terms bail, bond, and police cash bail are often used interchangeably, they have distinct meanings under Kenyan law. Thanks to Danstan Omari’s simplified legal interpretation, every Kenyan can now better understand their rights and legal processes related to arrests.
Have questions about bail or court procedures in Kenya? Let us know in the comments below or contact a qualified lawyer.
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