This document outlines the procedures and considerations around bail in the criminal justice system. It discusses where a person can be detained after arrest (police station or court), the presumption of bail prior to conviction, factors considered in granting bail pending trial or appeal, and the tests and criteria applied by courts. Key points include that bail is the rule pre-conviction, the prosecution must show why bail should be denied, and courts examine likelihood of appearance, interference with investigations, and commission of further offenses.

2.  By the police at the police station.
 By a magistrate in court.

3.  S 123 CPC
 Officer in charge of the station exercises this
power where it is impracticable to produce the
alleged person before court within reasonable
time.
 If a person arrested is not released on bail he
must be brought to court without delay.

4.  If the officer in charge deems that no offence
has been committed then he can release the
arrested person
 The check however is that the officer is
required to make an apprehension report to the
magistrate.
 Officer must report to the nearest magistrate all
cases of persons arrested without a warrant
within the limits of their respective stations
whether they have been admitted to bail or not.

5.  Hussen v Republic: police officer must inquire
into a case before exercising discretion to
release person on bail.
 If one is arrested on a warrant then the warrant
determines whether he is to be held in custody
or released on bail.
 If arrested without a warrant the police
determine whether or not to release the suspect
after charging him.

6.  Suspect should be detained in the police station
only if custody officer reasonably thinks that
such a detention is necessary to secure or
preserve evidence relating to an offence for
which he is under arrest or to obtain such
evidence by questioning him.

7.  The presumption works in favor of bail works
solely to the grant of bail by a court post-charge
and prior to conviction at all stages of the
proceedings.
 Can be accorded at anytime during the
proceedings.
 Presumption applies post-conviction where a
court adjourns the case in preparation of post-
sentencing.

8.  Under English law where prosecution seeks to
rebut the presumption by objecting to the
accused person being granted bail, the court
will invite both parties to make submissions on
the matter and they later decide.
 When court adjourns a case (whether overnight
or for a week or a month)it has to decide
whether the accused should be released on bail
or remanded in custody.


9.  High court may whether on has been
committed for a trail or not direct that the
person be admitted to bail with or without
sureties.
 May also reduce bail directed by a subordinate
court or police officer.
 George Kamau Ng’ang’a v R

10.  Does not exist as of right and is issued only in
exceptional circumstances.
 In application for bail pending trial
presumption of innocence casts the burden on
the prosecution to show why the accused
should not be granted bail.
 In application for bail pending appeal
presumption of innocence is not operative.

11.  Presumption at this stage is that the accused
was properly convicted and the burden is on
him to show why he should get bail pending
appeal.
 An application for bail pending appeal can
only be made in respect of an offence which
was originally bailable.

12.  High court or subordinate court that convicted
or sentenced a person may grant bail or may
stay execution of a sentence or order pending
the entering of an appeal on such terms of
surety as may seem reasonable to the specific
court.
 Court should not feel inhabited to consider the
application merely because he has convicted
the accused.

13.  Should consider bail pending appeal on its
own merits.
 Applicant must show overwhelming chances
of the appeal succeeding.
 Abdi v R
 Medical condition of the applicant, nature of
the offence, the sentence imposed and the
likely delay in the preparation of the appeal
must be considered as well.

14.  Main consideration is if the case is exceptional
and unusual reasons appear.
 Long vacation between application for appeal
and the date of appeal are also considered
good reasons to grant bail.
 After entering an appeal the High court or the
subordinate court which convicted or
sentenced the person may order he be released
on bail without sureties.

15.  If one is not released on appeal court may on
his request order the execution of the sentence
or order appealed against be suspended
pending the hearing of the appeal.
 Where an application for bail is made to the
subordinate court and refused no further
application shall lie to the High court but one
refused bail may appeal against refusal by the
High court.

16.  Court of appeal has no jurisdiction to entertain
an appeal from a refusal of the High court to
grant bail pending an appeal to that court.
 R v Shah
 Daniel Muhuti Kibera v R
 Where the accused is refused bail pending
appeal the hearing of the appeal ought to be
given priority.

17.  Opinder Singh Naul v R: statedd the test;
whether it is possible that the accused will
appear in court to take his trial.
 Criteria that the trial court is to apply to grant
or to refuse bail pending trial of an accused:
 The nature of the charges
 Strength of the evidence which supports the charges
 The gravity of the punishment in the event of
conviction

18.  Previous criminal record of the accused if any
 Probability that the accused may not surrender
himself for trial
 Likelihood of the accused interfering with the
witnesses or may suppress any evidence that may
incriminate them.
 Likelihood of further charges being brought against
the accused
 Probability of guilt

19.  Detention for the protection of the accused.
 The necessity to procure medical or social report
pending final disposal of the case.

20.  Grounds or factors that a court will consider
when determining the question of pre-trial:
1. Likelihood of appearance at the trial.
2. likelihood of interference with investigations.
3. Likelihood of interfering with witnesses.
4. The nature of the offence the accused is charged
with.

21. 5. Likelihood of commission of more offences.
6. Safety or security of the accused.
7. The accused is serving a custodial sentence.
8. Breach of bail terms.
9. Relative strength of prosecution case.
10. Paucity of information.
11. The circumstances under which the charge had
arisen.

22. 12. Deposit in lieu of recognizance.