When one is taken to court you oftenly hear that he was released on sijui cash bail,bond,surety or someone even deposited a title. What exactly are these bail and bonds and why bail or bond in a particular case? The one time I was apprehended was for loitering after hours when drank back in 2002. We were many so in police cell we had been advised tusipatie polisi 1k…twenda kwa mbao Na tukisomewa tukubali. Jaji akatupatia fine ya 500 each. Shida tulikaa holding cell yet ulikuwa Na kitu kaa 2k kwa wallet majamaa wanashughulika kulipia mtu wao. By saa tisa hivi majina zikaitanwa…wenye wamelipiwa…bjurmann,abcd,etc. Kutoka nikaona black Maria kuuliza nikaambiwa huyo inapeleka ma serious criminals Na wenye hawakupata fine huko milimani Nax. I swear from that day I hav tried to stay on the right side of law coz I so hated that experience. So bonds and bail…what are they and when are they given?
:)I have been through that. You are told to relax dont bribe enda mbao omba msamaha upigwe fine ya 500 pay walk home. But the cops know that so they never take you to court. Black Maria comes but you are informed only serious crime going to court. Ukiuliza unaambiwa there is a huge backlog and the magistrate wants to deal with old cases first. Ghichana si wewe ulikucha hapa chana wewe tulia.
Uliza hawa… Mimi mwenyewe sijui
Explaining it here will take ages, but I recommend that you get yourself a copy of the Penal Code, from the Government Printer at a minimal fee and then download (at no fee) BAIL & BOND POLICY GUIDELINES, published in March 2015 from the web. it explains everything. if there is any legal jargon you wont understand from the two, I will expound. good luck.
Kubaff explain it here in the simplest terms.Do you know the level of migraine you get reading law jargon?
Me, i’d rather tusortiane uko nje na whoever amenishika instead of waiting kupelekwa hadi cell
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From the Bail and Bond Policy Guidelines, vile nimegitch ni bail is the money paid to give a person his freedom and to ensure that that person shows up for trial. Bond is an agreement between the court and the accused that a person will show up for trial or otherwise he will have to pay a certain amount of money if he does not show up. A surety is the person who puts up the money for the accused like a guarantor for a loan. @De Clerk. have I missed anything? Sijasoma the whole thing but I will try.
precisely! you haven’t missed anything at all. the policy document is kinda self explanatory as well.
Wewe i am sure uko na First Hand experience ya hii maneno…hehehehehehe… LEGALIZE IT!!!..
So bail is refundable in full and bond less or non at all?
bail is refundable when you show up in court for trial. Bond there is no money put up initially but there’s the agreement says if you don’t show up your surety will have to cough up the money you agreed to pay in the bond.
Finally a fine is what is paid in liue of a sentence, I am I right?
A fine is a form of punishment same as a jail sentence. It can be on its own or accompany a jail sentence. Generally it is only when a person cannot pay a fine that the court chooses to lock that person up. So a jail sentence is what is given instead of a fine.
Bjurmann, yr case is similar to mine tulishikwa tukiwa walevi kesho yake sisi hao kibera law court. Tulikubali mastaka as adviced… lakini sikuwa na fine ya thao…tulipewa kifungo ya chief as in kila asubuhi unafa enda kwa chief kufagia…so mtu anawacha njumu zake law courts as guarantee utarudi kufanya kazi kwa chief. Niliwacha njumu yangu ya FILA ya pawa uko jo. Tukatembea kutoka kibera law courts hadi westi…kuna janjez among us who knew shortie mind u tulikuwa barefoot…tulipata njia ya statehse kwa orezzo thru kileleshwa ndio tukafika westi. Nilifika mtaa nikajifich mbaya shower nayo nayo alafu kulalisha
^^^so umewahi tembea mguu tupu hivi hivi
…when the case is concluded, whether or not the accused person is convicted.