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What should be included in a client's declaration in support of a motion for bail reduction?

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Introduction

In the Kenyan legal system, a motion for bail reduction is a formal request made to the court to lower the amount of bail set for a defendant. This motion is typically supported by a declaration from the client, which is a written statement made under oath. The declaration is a critical component of the motion as it provides the court with the necessary information to consider the request. This document must be comprehensive and persuasive, detailing the reasons why the current bail amount is excessive and why a reduction is justified.

Overview of Bail and Bail Reduction in Kenya
Legal Framework Governing Bail Reduction
Key Elements of a Client's Declaration
1. Personal and Financial Information
2. Employment and Family Ties
3. Health and Medical Conditions
4. Community Involvement and Character References
5. Compliance with Previous Bail Conditions
6. Risk of Flight and Public Safety
Relevant Case Laws
Conclusion
TLDR

1. Overview of Bail and Bail Reduction in Kenya

Bail is a legal mechanism that allows an accused person to be released from custody, usually upon the payment of a specified amount of money, pending the outcome of their trial. The primary purpose of bail is to ensure that the accused appears in court when required while allowing them to remain free during the trial process. In Kenya, the right to bail 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.

However, the amount set for bail can sometimes be prohibitively high, making it difficult for the accused to secure their release. In such cases, the accused can file a motion for bail reduction, requesting the court to lower the bail amount. This motion must be supported by a declaration from the client, providing detailed information to justify the request.

2. Legal Framework Governing Bail Reduction

The legal framework for bail and bail reduction in Kenya is primarily governed by the Constitution, the Criminal Procedure Code (CPC), and various judicial precedents. Article 49(1)(h) of the Constitution provides the foundational right to bail, while Section 123 of the CPC outlines the procedures for granting bail and the conditions that may be imposed.

The Bail and Bond Policy Guidelines issued by the Kenya Judiciary Academy also provide important directives for judicial officers in making bail decisions. These guidelines emphasize that bail should not be used as a punitive measure and that the amount set should be reasonable and proportionate to the circumstances of the case.

3. Key Elements of a Client's Declaration

A client's declaration in support of a motion for bail reduction should be detailed and comprehensive, addressing various factors that the court will consider in making its decision. The following are key elements that should be included:

3.1 Personal and Financial Information

Personal Details: The declaration should begin with the client's full name, age, and address. This establishes the identity of the person making the declaration.
Financial Status: Detailed information about the client's financial situation should be provided. This includes income, assets, liabilities, and any dependents. The aim is to demonstrate that the current bail amount is beyond the client's financial means.

3.2 Employment and Family Ties

Employment Information: The client should provide details about their employment, including the name of the employer, position held, duration of employment, and income. If the client is self-employed, information about the nature of the business and its financial status should be included.
Family Ties: Information about the client's family, including marital status, number of children, and other dependents, should be provided. Strong family ties can indicate that the client is less likely to flee and more likely to comply with bail conditions.

3.3 Health and Medical Conditions

Health Status: If the client has any medical conditions that require ongoing treatment or special care, this should be detailed in the declaration. Medical reports or letters from healthcare providers can be attached as supporting documents.

3.4 Community Involvement and Character References

Community Involvement: Information about the client's involvement in community activities, such as membership in local organizations, volunteer work, or participation in religious groups, can be included. This demonstrates the client's ties to the community and their good character.
Character References: Letters from reputable individuals who can vouch for the client's character and reliability can be included. These individuals could be employers, community leaders, or religious figures.

3.5 Compliance with Previous Bail Conditions

Previous Bail Compliance: If the client has been granted bail in the past and has complied with all conditions, this should be highlighted. Evidence of compliance, such as court records or letters from previous sureties, can be included.

3.6 Risk of Flight and Public Safety

Risk of Flight: The declaration should address any concerns about the client's risk of flight. This can include information about the client's ties to the community, employment, and family responsibilities.
Public Safety: The client should provide information to demonstrate that they do not pose a threat to public safety. This can include a lack of prior criminal record, good character references, and any other relevant information.

4. Relevant Case Laws

4.1 Republic v Danson Mgunya & Another [2010] eKLR

In this case, the High Court of Kenya emphasized that bail is a constitutional right and should not be denied unless there are compelling reasons. The court also noted that the amount set for bail should be reasonable and not punitive.

Relevance: This case underscores the principle that bail should be reasonable and not used as a punitive measure, which is a key argument in a motion for bail reduction.

4.2 Republic v Joktan Mayende & 3 Others [2012] eKLR

The court in this case reiterated that the primary consideration in granting bail is to ensure the accused's attendance at trial. The court also highlighted the importance of considering the accused's financial ability when setting bail.

Relevance: This case supports the argument that the bail amount should be proportionate to the accused's financial means, which is a central point in a motion for bail reduction.

4.3 Republic v William Mwangi Wa Mwangi [2014] eKLR

In this case, the court granted a bail reduction after considering the accused's financial situation, family ties, and compliance with previous bail conditions. The court emphasized that bail should not be excessive and should be set at an amount that the accused can reasonably afford.

Relevance: This case provides a precedent for granting bail reduction based on the accused's financial situation and other mitigating factors.

5. Conclusion

A client's declaration in support of a motion for bail reduction is a critical document that provides the court with the necessary information to consider the request. It should be detailed and comprehensive, addressing various factors such as the client's financial status, employment, family ties, health conditions, community involvement, compliance with previous bail conditions, and risk of flight. By providing a thorough and persuasive declaration, the client can increase the likelihood of the court granting the bail reduction.

TLDR

A client's declaration in support of a motion for bail reduction should include detailed personal and financial information, employment and family ties, health conditions, community involvement, compliance with previous bail conditions, and arguments addressing the risk of flight and public safety. Relevant case laws such as Republic v Danson Mgunya & Another, Republic v Joktan Mayende & 3 Others, and Republic v William Mwangi Wa Mwangi support the principles that bail should be reasonable, not punitive, and proportionate to the accused's financial means.

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