Sureties play a crucial role in the legal system, providing a guarantee that an accused person will appear for trial. In Kenya, the law governing sureties is outlined in Section 123 of the Criminal Procedure Code (CPC).
This article explores the definition of sureties, their qualifications, and the legal responsibilities associated with providing surety.
Sureties Defined
Sureties are pledges by individuals, other than the accused, assuring the court that the accused will appear for trial. If the accused fails to do so, the surety undertakes to pay a specified sum to the court. The selection of suitable sureties is a critical aspect of the bail process.
Considerations for Suitable Sureties
When assessing the suitability of sureties, the court considers various factors, including:
Financial Resources: The surety’s ability to meet financial obligations.
Character and Previous Convictions: The moral standing of the surety.
Proximity to the Accused: The physical or relational closeness to the accused.
Interest in Preventing Escape: The surety’s commitment to preventing the accused from fleeing.
Responsibility of Accused and Next of Kin: It is the responsibility of the accused and their next of kin to find suitable sureties. Sureties undergo examination by the court, and the prosecution has the right to cross-examine to verify details such as residence, employment, and authenticity of documents. Sureties must have the authority to ensure the accused’s court attendance.
Legal Precedents and Qualifications for Sureties:
R vs. Badger [1843] 7 JP, 128: The court may refuse a surety based on political opinions or inquire into private interests.
R vs. Gabhai Jessa: Qualifications for a surety include social standing, age of 21 or above, and financial capability.
Discharge and Liability
Section 128 CPC allows a surety to apply for discharge from the bond’s terms.
Section 129 CPC addresses the situation where a surety dies, discharging the estate from liability.
Section 131 CPC empowers the court to call upon a surety to show cause for the accused’s failure to honor the bond.
Kenyan Surety Requirement
To minimize the risk of absconding, the law stipulates that one must provide a Kenyan surety.
Conclusion
Understanding the role and qualifications of sureties is essential for navigating the legal complexities of bail. Sureties act as a bridge between the accused and the legal system, ensuring accountability and adherence to the conditions set by the court.
