EXPLAINER: All you need to know about refund of cash bail

Milimani Law Courts Chief Magistrate Lucas Onyina/JUDICIARY

While many people have found themselves in situations where they have to pay cash bail in the court, not so many know how to go about getting a refund.

Milimani Law Courts Chief Magistrate Lucas Onyina acknowledges that very few litigants are aware of the processes relating to the refund of cash bail.

He first explains how a cash bail comes about in a court proceeding.

“When a person is brought before the court facing a criminal charge and an application for bail, bond has been made. The court can make orders with regard to the grant of bond with surety or cash bail,” he said.

Onyina noted that where a cash bail has been granted, and at the end of the case, the accused has not absconded, there would be an order for refund to the depositor.

“At the end of cas,e an order is made for the refund of cash bail,” he stated.

To get back the money, Onyina said the depositor gives details and documentation necessary for processing the refund.

They include the deposit receipt, a copy of national ID or passport, also needed is bank account details where the money is supposed to be released to.

Once that is provided, the registry initiates the processing of the refund

“Our system have improved so much with a view to ensuring effectiveness and efficiency so that refund is made at the earliest opportunity,” he added.

Onyina pointed out that there may be a few challenges in the processing that may cause delays.

“If a depositor has lost a copy of the receipt, in such a case, you will swear an affidavit indicating that you’ve lost the receipt and want a refund. The other instance is at the point of paying cash bail and the depositor gives a wrong name. An affidavit has been sworn to confirm the name and the name given and the one appearing on ID or passport is one and the same person,” he said.

He assured that getting a refund is a seamless process, such that there is no need for follow-up once documentation is provided.

“The entire process is automated, and we have a new system called Jumuika. You sit back and wait for money to hit your bank account,” he said.

You do not need to talk to anybody, you do not need to pay any facilitation fee”.

He cautioned against being misled by people along the corridors, stating that the entire process is free of charge.

“In case of challenges, get to know the location of the office administrator to be accorded assistance. I want to stress this; the process of refund is done free of charge.”