An arrest is disorienting even for people who have done nothing wrong. The Constitution of Kenya 2010 gives every arrested person specific rights, and knowing them helps you protect yourself and the people who will come looking for you.
What rights do you have when arrested in Kenya?
Article 49 of the Constitution sets out the rights of arrested persons. In summary, an arrested person has the right to be informed promptly, in a language they understand, of the reason for the arrest; to remain silent; not to be compelled to make any confession or admission that could be used in evidence; and to communicate with an advocate and other persons whose assistance is necessary. An arrested person is also to be held separately from convicted persons and treated humanely, and must be brought before a court as soon as reasonably possible , ordinarily within twenty-four hours of arrest, or the next court day where that period ends outside ordinary court hours or on a non-court day. The Constitution further provides for release on bond or bail on reasonable conditions, unless there are compelling reasons not to release the person.
Should you answer questions before speaking to a lawyer?
You may cooperate with lawful instructions , providing your name and identifying yourself , while declining substantive questioning until you have spoken to an advocate. The presumption of innocence applies from the moment of arrest, and the Evidence Act governs how statements and confessions are treated in later proceedings. Anything said early in a case can matter greatly later, so it is reasonable to wait for advice.
What should your family do?
- Establish where the person is being held and the reason given for the arrest.
- Contact an advocate promptly so rights are asserted from the start.
- Keep a record of officers involved, the station, and times.
- Raise any mistreatment , the Kenya National Commission on Human Rights at KNCHR monitors such matters.
Our practice areas page describes the criminal defence work we undertake, and the about page explains how our team is organised. The Constitution itself can be read on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.