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Criminal & rightsUpdated 2 min read

Your rights when arrested in Kenya

Article 49 of the Constitution: the right to remain silent, to an advocate, and to be in court within 24 hours.

By Wakili Link Editorial

Article 49 of the Constitution sets out the rights of every arrested person. Knowing them can protect you — and your family — in a stressful moment.

Your rights

An arrested person has the right to:

  • be informed promptly, in a language they understand, of the reason for the arrest, the right to remain silent and the consequences of not remaining silent,
  • remain silent,
  • communicate with an advocate and other persons whose help is necessary,
  • not be compelled to make a confession or admission,
  • be held separately from convicted persons,
  • be brought before a court as soon as reasonably possible, and not later than 24 hours after arrest (or the next court day if the 24 hours end outside court hours), and
  • be released on bond or bail on reasonable conditions, unless there are compelling reasons not to.

Police cash bail

For many offences, police may release you on cash bail or a free bond pending investigation or court appearance.

What to do

  • Stay calm and do not resist.
  • Ask why you are being arrested and note the officers’ details.
  • Ask to call an advocate or family member.
  • Do not sign a statement you have not read or do not agree with.

Complaints

Complaints about police misconduct can be made to the Independent Policing Oversight Authority (IPOA).

This article is general information, not legal advice on your situation.

Get help from a verified advocate

This article is general information, not legal advice on your situation. If you need advice, describe your matter on Wakili Link and we will match you with a verified advocate who handles it.

This article is general information current at the date of publication, not legal advice. For advice on your situation, get in touch.
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    Your rights when arrested in Kenya | Wakili Link