Man takes judiciary to the DCI over frustrating bail refund

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Thousands of Kenyans pay bail fees in various courts across the country each day but getting back their money has not been easy and often takes many years.

In this frustrating bail calamities is a 53-year-old man from Igembe South, Meru County who is appealing to the government to help him recover money he claimed was paid as bail but is yet to be refunded to him.

Mr. Justus Kabaya from Athiru Gaiti ward told reporters that he bailed his brother out of jail for Ksh.50,000 in a case that was concluded two months ago.

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However, even after presenting his payment receipt he is yet to be refunded back his money with clerks at the Maua Law Courts saying that the money was already paid out to the owner.

The man has denied receiving any refund.He has vowed to move to court if the matter is not addressed.

According to him, the clerks insist that the money was paid out in 2017 yet at that time the case had not been concluded.

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Mr. Kabaya is accusing the Judiciary of deceit and has appealed to the Directorate of Criminal Investigations (DCI) to open an inquiry file into the incident.

Traditionally, bail is paid in the form of property deposited or pledged to a court to persuade it to release a suspect from detention, on the understanding that the suspect will return for trial or forfeit the bail.

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In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the accused crime.

All bail fees paid in courts should be refunded instantly as part of reforms to curb the risk of theft and abuse by judicial officers.

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