The recent court developments involving former Kiambu Governor Ferdinand Waititu have stirred widespread public interest and with it, a swirl of confusion around key legal terms such as bond, cash bail, surety and bail pending appeal.
Across the country, many Kenyans are seeking clarity. What do these legal mechanisms truly mean? How do courts determine the conditions under which an accused person may walk free as their case proceeds? And what shifts, legally and practically, when a person is convicted and the matter advances to the appeal stage?
Steve Biko Osur, an advocate of the high court unpacks the language of the courtroom, demystifying the processes that often seem distant and technical.
He explains in simple terms how bond and cash bail operate, the role of sureties, and the delicate balance courts must strike between safeguarding liberty and upholding justice.
What does it truly mean to be “bonded” by the court? According to Mr Osur in Kenya’s justice system, bond is more than a financial figure, it is a legal tether, a solemn undertaking that ties an accused person to the due process of the law.
“Ordinarily, bond is secured through property: a title deed or a motor vehicle logbook. Crucially, one cannot simply pledge their own document. It must come from another person, someone willing to stake their property as assurance that the accused will attend court,” he explains.
Mr Osur goes ahead to clarify that the document is then subjected to rigorous scrutiny. It is verified for authenticity, valued and pegged as a fraction of the amount in question or calibrated to the gravity of the alleged offence. Serious charges invariably attract higher bond terms.
Former Kiambu Governor Ferdinand Waititu at the Milimani Law Courts on February 12, 2025.
Photo credit: Wilfred Nyangaresi | Nation Media Group
“Bond does not stand alone. It is accompanied by sureties - individuals who know the accused intimately and who accept legal responsibility should the accused abscond. For land titles, the process is meticulous: a valuation, official search, a chief’s letter and a sworn affidavit from the owner to guard against fraud.
“In some instances, payslips may also be required to demonstrate financial standing. Once approved and deposited in court, bond becomes the bridge between accusation and liberty,” Mr Osur explains.
Should the accused comply with all court requirements, the bond is returned to the depositor at the conclusion of the trial - whether the outcome is acquittal or conviction.
If the accused vanishes...
The learned friend further explains that the alternative to bond is cash bail, which is typically set at a lower amount - often about half of the bond. He notes that this can be paid instantly, including via M-Pesa, to facilitate swift release without the need for sureties or affidavits, unless a third party is making the payment on behalf of the accused.
“Anyone may pay. But if the accused vanishes, that money is forfeited to the State and absorbed into the Consolidated Fund,” he cautions.
Compliance, however, ensures its refund at the end of proceedings.
Failure to attend court, warns Mr Osur, invites warrants of arrest, and the accused then confronts trial from custody.
Importantly, bond and cash bail are interchangeable.
“One may substitute property for cash, or cash for property - a course taken in high-profile cases such as those involving former Kiambu Governor Ferdinand Waititu and the former Nairobi Governor Mike Sonko. Upon substitution, the initial security is released,” Mr Osur notes.
Former Nairobi Governor Mike Sonko at the Milimani Law Courts in Nairobi on February 5, 2026.
Photo credit: Billy Ogada | Nation Media Group
“A convicted person is entitled to appeal - but ordinarily from custody, no longer innocent until proven guilty, but guilty unless overturned on appeal,” he clarifies.
In rare and exceptional circumstances, however, courts may grant bail pending appeal. Mr Osur points out that only dire situations such as Illnesses requiring specialised care unavailable in prison, pressing electoral timelines as in Sirisia Member of Parliament John Walukwe’s case, national examinations, graduation ceremonies, funerals of close relatives, or national sporting duties - may persuade the court to exercise discretion.
Sirisia MP John Waluke during their hearing of a corruption case against him at the Milimani Law Court in Nairobi on November 12, 2019.
Photo credit: Dennis Onsongo | Nation Media Group
“Ultimately, the court’s guiding compass is reasonableness. Bond terms must reflect the seriousness of the charge, yet remain fair and not so oppressive as to amount to a denial of freedom,” he explains.
Justice, after all, must balance accountability with humanity, ensuring that liberty before trial is preserved without compromising the integrity of the law.
