Explainer: The difference between bail and bond

Bail is a condition set by the court to secure the release of an accused person temporarily as they wait for the conclusion of their trial.

In Kenya, every accused person even in capital offences like murder and robbery with violence has a right to bail under the law but the right is not absolute.

The court has the discretion to deny or grant the accused person bail depending on the circumstances of each case.

Bail is also a condition to ensure that the accused will attend court during the trial.

Kenya Law Reform Commission defines bail as an agreement between the accused person or his sureties and the court that the accused person will attend court when required.

While the bond is defined as an undertaking with or without sureties entered into by the accused in custody under which they bind themselves to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of sum fixed in the bond.

In most offences, the court always grants cash bail and that is money that will be paid to the judiciary to secure release and once the case is over it will be given back to the accused.

While the bond is in form of surety where an accused is expected to provide someone to stand in as surety by giving security such as a title deed, payslips or a car equivalent to the bond issued by the court.

As a surety for the accused person, you have to ensure that the accused who you have agreed to pay bond appears in court and abides by all bail conditions of the court.

The downside of being a surety in a court case is that if the accused decides to abscond and runs away then the property you put up as security will be forfeited to the court.

In some instances, the sureties are locked up by the court if they fail to produce the accused person in court as agreed.

The other difference between bail and bond is the process of paying and the time taken for the accused to get out of remand.

When it comes to bail if the accused has the money, he can pay it in the Judiciary bank account and get released on the same day he or she was charged.

While bond takes time sometimes weeks because it involves verification of the security provided by the surety you choose who also has to come to court for cross-examination by the court before the accused is released.

The court can also decide to cancel the bail or bond of an accused person if they flout or go against any condition set by the court and they will be taken back to remand until the determination of their case.