How courts decide bail, and asking for lower bail
Criminal Procedure Code · sources read 4 Oct 2026
You have a right to bail on reasonable conditions unless there are compelling reasons to keep you in custody, and bail must not be excessive. The court looks at how serious the offence is, your character and community ties, your record on past bail and the strength of the evidence, and the High Court can grant bail or reduce bail set by a magistrate or police.
- Where
- The court handling your case; the High Court to grant or reduce bail
Steps
- Ask for bail when you appear in court. The court weighs the offence, your character and community ties, how you kept past bail terms, and the evidence.
- If the prosecution objects, it must convince the court there are compelling reasons to deny bail.
- If you can't meet the terms, ask the same court to review them. Courts must tell you of this right.
- You can apply to the High Court, which can grant bail or reduce bail set by a magistrate's court or police officer.
Watch out
- The court can refuse bail if you skipped bail before and are likely to again, or if you need to be held for your own protection.
- You can't be remanded in custody for an offence punishable by a fine only or by up to six months in jail.
- A surety's security, such as money or a title deed, can be forfeited if you fail to appear in court.
Who this covers
- Every arrested person, pending a charge or trial.
- Anyone arrested or charged with any offence must be granted bail unless one of the legal exceptions applies.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Bail and Bond Policy Guidelines (March 2015) judiciary.go.ke · read 3 Oct 2026