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How fair are the bail and bond terms set by courts for suspects in criminal cases in Kenya?
How fair are the bail and bond terms set by courts for suspects in criminal cases in Kenya?
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Comments:
Maurice
said:
Fairness of bail and bond terms set by courts for suspects in criminal cases in Kenya may vary widely because the interpretation of fairness is subjective. Some factors such as financial capabilities may play a part in a case because those with financial means may find it easier to settle a a bond or a bail while disadvantaging others without means who may end up being detained for extended periods. To avoid these disparities regarding bail and bond terms, it's advisable to consider individual cases and consult local legal experts and human rights organizations for further scrutiny and legal interpretation.
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Raphael
said:
The constitution of Kenya guarantees the right to bail and bond. The courts often grants bail and bond unless there is valid reason not to. There is however a concern about the consistency and fairness in the amounts set. High bail amounts can be punitive and discriminatory against the less economically previleged and this can potentially violate the principle of equality before the law. It is important for a standard to be developed that reflects economic realities while ensuring that justice is served.
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Winfred
said:
Bond and bail are securities set by court for the accused to secure his or her release on basis that they will appear in court when required. The Constitution of Kenya and the Criminal Procedure Code guarantees an accused person the right to bail and bond. However, the bail and bond terms and conditions should be reasonable given the right of presumption of innocence until proven guilty. Bail and bond must therefore balance the interests of the accused person and the interest of justice, and this is done by ensuring that the terms are appropriate to the offence committed, that is, the amounts should not be excessive or so low. The Constitution states that an accused person can only be denied bail and bond where there are compelling reasons not to be released.
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