Types of Securities in Bail Proceedings

In bail proceedings, the court often requires accused individuals to provide securities as a guarantee for their appearance at trial. These securities, which vary in nature, are crucial for securing the interests of justice.

This article explores the common types of securities accepted by the court.

Title-Deed with a Valuation Report

For individuals pledging real estate, the court may demand:

  • Title-deed supported by a recent search certificate from the Lands office.
  • A current valuation report from a registered valuer.
  • Confirmation of ownership, mortgages, charges, and encumbrances on the land.
  • The valuation report should reflect a value equal to or above the surety sum.

Car Logbook with Assessment Report

When using a vehicle as security, the court may require:

  • The logbook of the vehicle.
  • The Kenya Revenue Authority (KRA) copy of records document to establish ownership.
  • A current receipt for the vehicle.
  • Physical verification of the vehicle within the court precincts.
  • An assessment or valuation report from reputable assessors to verify the vehicle’s value.

Share Certificate from Public Companies

For individuals holding shares, the court might accept:

  • Share certificates (CDSC certificates) verifying ownership.
  • A document from the public company confirming the number and value of shares.
  • An undertaking not to release or sell the shares until the case is determined.

Fixed Deposits

Courts may allow individuals to use fixed deposits as security, necessitating:

  • An official letter from a bank confirming the amount, date, and account owner.
  • A written undertaking from the bank to hold the deposit until the court issues a release order.
  • The deposited amount should equal or exceed the court-imposed sum.

Pay Slips

Individuals can offer their income as security by providing:

  • Pay slips indicating gross/net amounts.
  • The amount should match the sum imposed by the court.

Co-operative (Sacco) Deposits/Shares

For members of cooperatives, the court may consider:

  • Deposits or shares in the cooperative equal to the court-imposed bond amount.

Conclusion

The acceptance of various types of securities ensures that accused individuals have diverse options while still guaranteeing their accountability to the court. These measures help strike a balance between individual freedoms and the court’s need for assurances in the legal process.