bail and bond Flashcards
cpc?
bail and bond policy guidelines
s.123-133
surety and forfeiture of recognizance s.128-131
constitution?
a.49(1h) does not distinguish bail and non-bailable offences only states that ‘unless there are compelling reasons’.
case? 3 of them
R v Taiko Kitende Muinya: stated after 2010 consitution there is not category for available offences as it were before. but added bail is not an absolute right.
Hence, a.49(2) says its only absolute where the accused’s offence is punishable by a fine or imprisonment of fewer than 6 months
Patrick irungu maina v republic: excessive bail not allowed. The magistrate admitted accused on 150,000 ksh bail for the offence of obtaining money for false pretences which attracts a minimum of 3 yrs imprisonment.
HC said it was excess considering money defrauded was 98,000 ksh.
George Kamau Nganga v R: 5 circumstances where bail can be denied.
classification of bails? 3 of them
bail pending trial: prosecution to refute due to presumption of innocence under a.50.2a
Rv Danson Mgunya & anor- Prosecutor to prove compelling reasons why the accused should not be afforded their constitutional right. prosecutor must not only describe but explain.
1. police officer at police station: s.37 & s.123
2.court decision: post charge+ prior to conviction
George Kamau Ngaga v r: established 5 principles to be considered while granting bail. for more check s.123a
bail pending appeal: accused to prove since they have been sentences already. s.356-357
case- Rv Shah where bail pending appeal may be cancelled for misbehavior of conduct from the accused. In this case, the accused tried to bribe the judges.
case: Daniel Muhuti kibera v r: court of appeal stated that on 2nd appeal on bail accused may be allowed when court is satisfied there is a point of law to be argued and likelihood of quash.
anticipatory bail: a.22 &23
conditions the person must agree to:3 of them
person must show reasons why they believe they might be arrested.
test?
absolute right or?
abscond
Bail is not an absolute right as stated in R v Taiko Kitende case and its also reflected in a.49(2) where the constitution states its absolute only where the offence against by the accused is punishable by imprisonment of less then 6 months or a fine.
