Know Your Rights: What to Do If You're Arrested in Kenya
In Kenya, the Constitution protects individuals from unlawful arrest and detention. If you find yourself being arrested or detained, knowing your rights could make a major difference in the outcome of your case.
1. Right to Know the Reason for Arrest
Under Article 49 of the Constitution, every arrested person must be informed, in a language they understand, why they are being arrested.
2. Right to Remain Silent
You have the right not to incriminate yourself. You are not obligated to answer questions without your lawyer present.
3. Right to Legal Representation
You are entitled to legal representation of your choice. If you cannot afford one, the court may appoint a legal aid lawyer for you.
4. Right to Be Taken to Court Promptly
The law requires that an arrested person be brought before a court within 24 hours (excluding weekends and public holidays).
5. Right to Bail or Bond
Most offenses in Kenya are bailable. You can apply for bail, which may be granted with or without conditions depending on the severity of the offense.
6. Protection Against Torture
You are protected from torture, cruel treatment, or coercion during detention. Any violation should be reported to IPOA (Independent Policing Oversight Authority).
Tip: Always request a P3 Form if you suffer any injury during arrest.
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