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Kenyans lack basic legal knowledge touching on the right to bail and bond, a new report by the National Crime Research Centre (NCRC) shows.
This deficiency in knowledge also touches on people within the criminal justice system as well.
“The accused persons largely are unaware of what happens upon arrest and going forward. This may explain the myriad of challenges that accused persons face in their quest for justice.”
NCRC says that judicial officers, lawyers and senior police officers rank highest in terms of knowledge of bail and bond procedures.
“Many lower cadre police officers have limited awareness of the policy guidelines.”
The report noted that officers carrying out arrests, the Directorate of Criminal Investigations, Ethics and Anti-Corruption Commission and traffic departments do set bail terms with Officers Commanding Stations (OCS).
It says the role of the OCS in this case is always reduced to only getting the cash and issuing receipts.
Some police officers felt that the freeing of suspects on bail or bond undermined the fight against crime.
Some judicial officers complained to the NCRC researchers that they often get questioned for granting bail or bond at times by even police officers.
“The judicial officers are often suspected of malpractices yet the (Bail and Bond Policy Guidelines) BBPGs are largely for application by the courts, and other judicial officers who very clearly understand them.”
Some police officers feel they are not well consulted during the making of decisions to free the suspects by the courts on bond or bail yet they are tasked with the responsibility of re-arresting suspects who escape after they are freed.
“The courts ignore us in deciding on bail and bond decisions…they later issue warrants of arrest…why don’t they make those arrests themselves?” an officer told the researchers.
Funding is to blame for the lack of effective service delivery by the police.
Some police officers, prosecutors and children’s department officers said that bail and bond guidelines which at times are adhered to by judicial officers can be subject to abuse.
They said that since the decision to set the two lies with the judicial officer, it can be subject to lobbying by advocates for leniency, yet fairness should be applied to the perpetrator and the victim.
They also expressed dissatisfaction with judicial officers’ failure to have clear consideration for economic crimes, terrorism and cases dealing with foreigners while granting bail or bond.
The report found that at times judicial officers fail to apply discretion when making bond or bail decisions for minors, special groups, persons suffering from mental or terminal illnesses as well as other vulnerable categories.
“Ideally, there should be awareness of these grounds among the police, prosecution, and the courts they should be reflected in bail/bond probation reports prior to rulings.”
Some probation officers have been providing inaccurate reports to courts due to a lack of funds, with most of their reports based on phone conversations and not physical visits as required.
Sensitization on matters of law remains a big need for accused persons with those who are unable to afford lawyers saying that those appointed by the courts are inefficient, at times failing to meet them for long periods.
The report notes that access to legal services is largely based on the accused person’s economic status with those who are well-off getting advice from their lawyers.
“Thus, knowledge and awareness of the policy guidelines appeared to increase with socio-economic status, exposure to information, and familiarity with interactions in courts and/or custody/remand.”
The lack of awareness of the process may lead to the perception of unfair treatment from arrest to the conclusion of the court process including the role of bail and bond policy guidelines.
Some suspects accused the police of detaining them beyond the legal 24 hours, unfair treatment, long delays, irrelevant charges and coercion to sign statements.
“The study has further revealed that cash bails are in many cases not refunded prior to taking plea, although some judicial officers insist that this should happen.”
It adds that even though judicial and police offices are aware of these complaints, including corruption, they dismiss them as just mere suspicion.
Kenyans from poor backgrounds face the biggest challenges in obtaining bond/security documents such as title deeds and logbooks and so do accused persons prosecuted in areas far from their homes.
“Moreover, given the limited knowledge about their rights as well as mistrust and apprehension by police over the risk of absconding cases, these people are asked for sureties which they simply cannot produce,” the report reads.
“Granting these persons free or personal bond, which would save remand prisons from overcrowding.”
The Standard Group Plc is a multi-media organization with investments in media
platforms spanning newspaper print operations, television, radio broadcasting,
digital and online services. The Standard Group is recognized as a leading
multi-media house in Kenya with a key influence in matters of national and
international interest.
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