The question of cash bail is often misunderstood in the country, with Kenyans who find themselves or their kin in court unaware of the process of reclaiming their refund.
According to Lucas Onyina, Chief Magistrate at the Milimani Law Courts, very few Kenyans are aware of the step-by-step process for reclaiming a refund of cash bail, something which the judiciary is intent on solving.
Onyina, in a statement on Tuesday, May 20, gave some interesting insights on the bail process, revealing that, unbeknownst to many, the process of applying for a cash bail refund is absolutely free.
When an accused person is brought before a court of law and a bail application is made, the court may grant either bond with surety or a cash bail.
Onyina explained that if an accused person complies with all court appearances until the case concludes, the court will ordinarily order the refund of the cash bail to the original depositor. This, however, is not an automatic process, and the depositor must actively pursue the refund.
The first step involves the depositor (the person who posted bail) providing a set of required documents to the court registry. These documents include the original deposit receipt issued at the time of payment, a copy of the national ID, and the bank account details where the refund should be sent.
Once the documents are submitted, the court staff at the registry will initiate the processing of the cash bail refund through the judiciary system. Onyina further reiterated that the system had been improved in recent times to ensure the timely processing of such claims.
While the process appears straightforward, several challenges can emerge during the application, especially if the depositor has lost the original cash bail receipt. In such a case, which is not uncommon, an affidavit is required explaining the loss and requesting the refund to proceed based on available copies from the court’s records.
"These copies are usually accessible through the case file, making it possible to continue even without the original document," Onyina explained.
Another complication that may arise is when the name provided at the time of paying the cash bail does not match the name on the depositor's ID. This, too, can be resolved by swearing an affidavit to activate a verification process from the court's registry.
To make the process more efficient, Onyina revealed the introduction of a system dubbed Jumuika, which has streamlined many of the administrative steps involved in court-related services, including cash bail refunds.
On the question of fees, Onyina warned Kenyans against falling victim to unscrupulous workers in court corridors who could potentially attempt to solicit money under the guise of facilitation fees.
