Cash bail refunds made simple: What you need to know

Cash bail refunds made simple: What you need to know
Gavel. PHOTO/Handout
In Summary

When cash bail is granted, and the accused does not run away, the court orders that the money be refunded to the person who paid it.

Many people who pay cash bail in court do not know how to get their money back after their case is over.

At Milimani Law Courts, Chief Magistrate Lucas Onyina explains the process clearly to help those affected.

"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," Onyina said.

When cash bail is granted, and the accused does not run away, the court orders that the money be refunded to the person who paid it.

To get the refund, the depositor must provide important documents.

These include the deposit receipt, a copy of a national ID or passport, and bank details where the money will be sent. Once these are submitted, the court’s registry begins processing 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," Onyina said.

Some challenges can cause delays. For example, if the depositor loses the receipt, they must swear an affidavit explaining the loss and request the refund.

If a wrong name was used when paying the bail, another affidavit is required to confirm that the name and ID belong to the same person.

Onyina assures that the refund process is smooth and automated.

"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," Onyina also stressed.

He warned people not to be misled by others near the court offering to help for a fee.

“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.”

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