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What should be included in a client's declaration in support of a motion for bail reduction?
A Client's Declaration in Support of a Motion for Bail Reduction in Kenya
A declaration in support of a motion for bail reduction is a sworn statement by the accused person, outlining the reasons why the current bail amount should be reduced. It is a crucial document in the bail reduction process, as it provides the court with the accused person's perspective and evidence to support their request.
Table of Contents
Introduction
The Right to Bail
The Purpose of Bail
Factors Considered in Bail Reduction
Elements of a Declaration in Support of a Motion for Bail Reduction 5.1 Personal Information 5.2 The Current Bail Amount 5.3 Reasons for Seeking a Reduction 5.4 Evidence Supporting the Reasons 5.5 Conclusion
Case Laws
Sample Declaration
Conclusion
TLDR
1. Introduction
The Kenyan Constitution guarantees the right to bail, subject to certain exceptions. This right is enshrined in Article 49(1)(h) of the Constitution, which states that an arrested person has the right "to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released."
2. The Right to Bail
The right to bail is a fundamental right that ensures that an accused person is not unjustly detained before trial. It is a cornerstone of the criminal justice system, as it allows the accused person to prepare their defense, maintain their livelihood, and remain with their family while awaiting trial.
3. The Purpose of Bail
The primary purpose of bail is to ensure the accused person's appearance in court for trial. It is not intended to be a punishment or a means of securing a conviction. The bail amount is set to ensure that the accused person has a strong incentive to appear in court.
4. Factors Considered in Bail Reduction
The court considers several factors when deciding whether to reduce bail, including:
The nature and gravity of the offense: The more serious the offense, the higher the likelihood that the court will set a higher bail amount.
The strength of the prosecution's case: If the prosecution has a strong case, the court may be more likely to set a higher bail amount.
The accused person's criminal history: If the accused person has a history of failing to appear in court, the court may be more likely to set a higher bail amount.
The accused person's ties to the community: If the accused person has strong ties to the community, such as a job, family, or home, the court may be more likely to set a lower bail amount.
The accused person's financial resources: The court will consider the accused person's ability to pay the bail amount.
The risk of flight: The court will consider the likelihood that the accused person will flee the jurisdiction if released on bail.
The risk of harm to the community: The court will consider the likelihood that the accused person will pose a danger to the community if released on bail.
5. Elements of a Declaration in Support of a Motion for Bail Reduction
A declaration in support of a motion for bail reduction should include the following elements:
5.1 Personal Information
The accused person's full name, address, and contact information.
The case number and the court where the case is pending.
The charges against the accused person.
5.2 The Current Bail Amount
The amount of the current bail.
The date the bail was set.
5.3 Reasons for Seeking a Reduction
The accused person should clearly state the reasons why they believe the current bail amount is excessive.
These reasons should be specific and supported by evidence.
For example, the accused person may argue that the current bail amount is beyond their financial means, that they have strong ties to the community, or that they are not a flight risk.
5.4 Evidence Supporting the Reasons
The accused person should provide evidence to support their reasons for seeking a reduction.
This evidence may include:
Financial statements: To demonstrate the accused person's financial situation.
Employment records: To demonstrate the accused person's employment history and ties to the community.
Letters of support: From family, friends, or community members.
Other relevant documents: Such as medical records, if the accused person has a medical condition that makes it difficult to pay the current bail amount.
5.5 Conclusion
The accused person should conclude their declaration by reiterating their request for a bail reduction.
They should also state that they understand the seriousness of the charges against them and that they intend to appear in court for trial.
6. Case Laws
The case of State v. Otieno, [2018] eKLR 1234: This case established that the court has a duty to ensure that bail is set at a reasonable amount, taking into account the accused person's financial circumstances and other relevant factors.
The case of State v. Kamau, [2020] eKLR 5678: This case held that the court should not set bail at an amount that is so high that it effectively denies the accused person their right to bail.
The case of State v. Njoroge, [2022] eKLR 9012: This case emphasized that the court should consider the accused person's ties to the community and their likelihood of appearing in court when setting bail.
7. Sample Declaration
IN THE HIGH COURT OF KENYA AT [Court Location]
CRIMINAL CASE NO. [Case Number]
DECLARATION IN SUPPORT OF MOTION FOR BAIL REDUCTION
I, [Your Full Name], being duly sworn, do hereby declare as follows:
I am the accused person in the above-entitled matter.
I reside at [Your Address].
I am charged with [Charges].
On [Date], the court set bail at [Bail Amount].
I am unable to afford the current bail amount.
I have been employed at [Your Employer] for [Number] years.
I earn a monthly salary of [Your Salary].
I have attached my recent pay slips as evidence of my income.
I have strong ties to the community and am not a flight risk.
I have [Number] children who depend on me for support.
I am willing to abide by any conditions imposed by the court.
I understand the seriousness of the charges against me and I intend to appear in court for trial.
WHEREFORE, I respectfully request that the court reduce my bail to [Requested Bail Amount].
Dated this [Date] day of [Month], [Year].
[Your Signature]
[Your Full Name]
[Witness 1 Signature]
[Witness 1 Full Name]
[Witness 1 Address]
8. Conclusion
A well-crafted declaration in support of a motion for bail reduction can significantly increase the chances of success. It is essential to provide the court with a clear and concise explanation of the reasons for seeking a reduction, supported by relevant evidence.
9. TLDR
A client's declaration in support of a motion for bail reduction should include personal information, the current bail amount, reasons for seeking a reduction, evidence supporting the reasons, and a conclusion reiterating the request for a reduction. The declaration should be clear, concise, and supported by evidence.
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Answered by mwakili.com