Section 75: Release on bail

(1) A magistrate's court before which a person appears or is brought charged with any offence, other than the offences specified in subsection (2), may, at any stage in the proceedings, release the person on bail, on taking from him or her a recognisance consisting of a bond with or without sureties, for such an amount as is reasonable in the circumstances of the case to appear before the court, on such a date and at such a time as is named in the bond. (2) The offences excluded from the grant of bail under subsection (1) are as follows- (a) an offence triable only by the High Court; (b) the offence of terrorism and any other offence punishable by more than ten years imprisonment under the Anti-Terrorism Act; (c) an offence under the Penal Code Act relating to cattle rustling; (d) offences under the Firearms Act punishable by more than ten years imprisonment; (e) rape contrary to section 110 of the Penal Code Act and aggravated defilement under section 119 of that Act; (f) embezzlement, contrary to section 18 of the Anti-Corruption Act; (g) causing financial loss contrary to section 19 of the Anti Corruption Act; (h) corruption contrary to section 2 of the Anti-Corruption Act; (i) bribery of a member of a public body, contrary to section 5 of the Anti-Corruption Act; and (j) any other offence in respect of which a magistrate's court has no jurisdiction to grant bail. (3) A chief magistrate may, in any case other than in the case of an offence specified in subsection (2), direct that any person to whom bail has been refused by a lower court within the area of his or her jurisdiction, be released on bail or that the amount required on any bail bond be reduced. (4) The High Court may, in any case where an accused person is appearing before a magistrate's court- (a) where the case is not one mentioned in subsection (2), direct that any person to whom bail has been refused by the magistrate's court be released on bail or that the amount required for any bail bond be reduced; and (b) where the case is one mentioned in subsection (2), direct that the accused person be released on bail. (5) Notwithstanding subsection (1), in any case where a person has been released on bail, the High Court may, if it is of the opinion that for any reason the amount of bail should be increased- (a) issue a warrant for the arrest of the person released on bail directing that he or she should be brought before it to execute a new bond for an increased amount; and (b) commit that person to prison if he or she fails to execute a new bond for an increased amount.