NAIROBI, Kenya — The Kenya Police Service has clarified that cash bail paid at police stations is fully refundable, seeking to correct widespread misconceptions among Kenyans who often treat it as a non-recoverable fine.
In a public notice issued on April 21, the service explained that cash bail is a temporary deposit meant to guarantee that a suspect returns to the station or appears in court as required, particularly for minor offences handled at the police level.
“Did you know that cash bail is not a fine but a refundable deposit?” the service posed, emphasising that individuals who comply with all reporting and court requirements are entitled to a 100 P.c refund.
Cash bail is typically granted at the discretion of the Officer Commanding Station (OCS) immediately after arrest, allowing suspects to secure short-term release before formal court proceedings begin.
The clarification comes amid growing concern that many Kenyans have unknowingly forfeited their money due to a lack of awareness or fear of engaging with the system to seek refunds.
Legal experts note that confusion often arises because members of the public conflate bail with penalties imposed by courts. However, police cash bail is distinct from fines or bond terms issued by a magistrate.
Under Kenyan law, the right to bail is anchored in the Constitution of Kenya 2010, which guarantees arrested persons the right to be released on reasonable conditions pending trial, unless there are compelling reasons to deny bail.
The police further advised that anyone paying cash bail must receive an official Police 18A receipt, which serves as the primary proof of payment and is required to initiate the refund process.
To claim a refund, individuals must present the receipt at the court registry once their case is concluded or all attendance conditions have been met.
In cases where the receipt is lost, claimants are required to swear an affidavit of loss before a commissioner for oaths and obtain a police abstract to support their claim.
“Always demand an official Police 18A receipt, which is your only proof of payment,” the service stated, urging the public to also keep digital copies by photographing the receipt immediately after payment.
