More often than not, Kenyans are usually called upon to post bail and bond for their friends and relatives when they are charged in court.
However, despite the noble move to seek temporary release of your loved one, you risk being put in jail should the accused person fail to appear in court on a date set by the magistrate or judge.
Speaking during an interview on Spice FM, Principal Magistrate Catherine Mburu explained that the primary reason the courts grant bail and bond was to ensure that an accused person attends court proceedings.
The magistrate added that the responsibility of the accused person appearing in court then rested on the person who posted the bail and bond.
"It is not just an easy obligation. You must know what you are putting yourself into.
"Let us say you deposited a bond - a title deed, binding yourself to ensure that the accused person presents themselves in court. The consequences are that you can be placed in custody because you have failed to present the person in court," she stated.
Additionally, she revealed that one also risked losing their property in the process.
In most instances, the magistrate explained that a number of Kenyans often gave their title deeds for their loved ones to be released on bond.
"The third repercussion is that you will be told to raise the bond money by yourself," the magistrate added.
However, she noted that the courts often granted those who post the bail and bond for their loved ones time to trace the accused before they are penalised.
Mburu, therefore, advised Kenyans to always keep themselves abreast of the undertaking of those they posted bail and bond for.
"After an accused person fails to appear in court, a warrant of arrest is issued against them. The person who posted the bond is also issued with a summon to attend court," he stated.
"When you are being admitted as a surety, you are taken through a mini hearing to help you understand your obligations. We also need to get details of where you live," she stated.
On the other hand, she maintained that accused persons risked having their bond and bail revoked after skipping court dates.
