[Rev. 2012]
Criminal Procedure Code
CAP. 75
(2) Nothing in this section or in section 123 shall require the release of a person
liable to be detained for some matter other than that in respect of which the bond
was executed.
126. Deposit instead of recognizance
When a person may be required by a court or officer to execute a bond, with
or without sureties, the court or officer may, except in the case of a bond for good
behaviour, require him to deposit a sum of money to such amount as the court or
officer may fix, or to deposit property, in lieu of executing a bond.
[Act No. 13 of 1967, First Sch., Act No. 4 of 1974, Sch.]
127. Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted,
or if they afterwards become insufficient, the court may issue a warrant of arrest
directing that the person released on bail be brought before it, and may order him
to find sufficient sureties, and on his failing so to do may commit him to prison.
128. Discharge of sureties
(1) All or any of the sureties for the appearance and attendance of a person
released on bail may at any time apply to a magistrate to discharge the bond either
wholly or so far as it relates to the applicant or applicants.
(2) On an application being made under subsection (1) the magistrate shall
issue his warrant of arrest directing that the person so released be brought before
him.
(3) On the appearance of the person pursuant to the warrant issued under
subsection (2) or on his voluntary surrender, the magistrate shall direct the bond
to be discharged either wholly or so far as it relates to the applicant or applicants,
and shall call upon the person to find other sufficient sureties, and if he fails to do
so may commit him to prison.
129. Death of surety
Where a surety to a bond dies before the bond is forfeited, his estate shall be
discharged from all liability in respect of the bond, but the party who gave the bond
may be required to find a new surety.
130. Persons bound by recognizance absconding may be committed
If it is made to appear to a court, by information on oath, that a person bound
by recognizance is about to leave Kenya, the court may cause him to be arrested
and may commit him to prison until the trial, unless the court sees fit to admit him
to bail upon further recognizance.
131. Forfeiture of recognizance
(1) Whenever it is proved to the satisfaction of a court by which a recognizance
under this Code has been taken, or, when the recognizance is for appearance
before a court, to the satisfaction of that court, that the recognizance has been
forfeited, the court shall record the grounds of proof, and may call upon any person
bound by the recognizance to pay the penalty thereof, or to show cause why it
should not be paid.
C44 - 47
[Issue 1]
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