What happens to a surety when the accused disappears, and how to withdraw
Criminal Procedure Code · sources read 4 Oct 2026
If the accused fails to attend court, the court can call on you as surety to pay the bond amount or explain why you shouldn't, and can recover it by selling your movable property. You can apply to a magistrate at any time to be discharged; the accused is then brought to court and must find another surety.
- Where
- The magistrate's court where the bond was taken; the High Court for appeals
Steps
- To withdraw, apply to a magistrate to discharge the bond as far as it concerns you. You can do this at any time.
- The magistrate issues a warrant to bring the accused to court. Once the accused appears, your part of the bond is discharged and the accused must find another surety.
- If the court says the bond is forfeited, you can appear and show cause why you should not pay.
- A magistrate's forfeiture order can be appealed to or revised by the High Court.
Watch out
- If you don't pay, the court can attach and sell your movable property, and if it still can't recover the money, jail you for up to 6 months. It can also reduce the amount.
- Money or a title deed you put up as security can be forfeited if the accused fails to appear.
- If a surety dies before the bond is forfeited, the surety's estate is freed from the bond.
- Once the case is over, you can ask the court to return your security. The Deputy Chief Justice has told courts to return securities on request without undue delay.
Who this covers
- Anyone who has stood surety for an accused person on a court or police bond.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Bail and Bond Policy Guidelines (March 2015) judiciary.go.ke · read 3 Oct 2026
- DCJ Mwilu Urges Heads of Stations to Enhance Supervision of Registry Operations judiciary.go.ke · read 3 Oct 2026