Bail And Bond In Kenya In Cook
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Bail is an agreement between a suspect or accused person with the police/court that the accused person will attend court when required, and that should the accused person fail to appear, the court may issue warrants of arrest, and order forfeiture of the amount deposited.
16.In Kenya, there is no express provision in law or the Constitution prescribing anticipatory bail. the Constitution of Kenya, 2010, provides for; (a) bail of arrested person under article 49(1)(h); and (b) appropriate reliefs under article 23(3) for breach or threat of breach of the Bill of Rights.
Anticipatory bail is a direction issued by the court to release a person on bail, even before the person is arrested. In other jurisdictions, anticipatory bail is granted to a person who has been arrested by the court. Anticipatory bail is, therefore, a special relief in criminal law.
"to succeed in an application for injunction an applicant must not only make a frank and full disclosure of all relevant facts to the just determination of the application but must also show that he has a right, legal or equitable, which requires protection by injunction."
