A knock at the door, officers producing authority, rooms being walked through , searches of private premises are among the more unsettling encounters with the criminal justice system. Kenyan law permits searches, but it regulates how they are carried out, and knowing the framework helps a person respond lawfully and calmly while preserving their position.
When may the police search premises?
The ordinary course is a warrant issued by a court. The Criminal Procedure Code provides for warrants of search, and a warrant is the document that authorises entry into premises for the purpose of looking for and seizing property connected with an offence. A search without a warrant can still be lawful in circumstances recognised by law , for example, a search incidental to a lawful arrest, or where evidence is in immediate danger of being destroyed , but those situations are the exception rather than the rule.
What does a warrant authorise?
- the specific premises to be searched , a warrant should identify the place;
- the purpose of the search and the matter it relates to;
- the seizure of items connected with that purpose;
- nothing beyond its scope , the authority is the warrant, not a general licence to rummage.
What should a person do during a search?
- ask to see the warrant and read it carefully, noting the address and the purpose stated;
- ask the officers to identify themselves and, where they are in plain clothes, to do so clearly;
- have another adult present as a witness where that is possible;
- do not obstruct the search , obstruction can itself lead to charges;
- note what is taken and ask for an inventory or receipt of the items seized.
What happens to items that are seized?
Seized items are ordinarily held as potential evidence while an investigation continues. A search does not settle anything by itself: a person is presumed innocent until a court determines the matter, and applications about the retention or release of property can be made through the proper channels as the case progresses. A record of the search , who attended, what was said, what was taken , is worth compiling the same day.
CS Advocates LLP advises individuals and businesses on searches, arrests and the criminal process; our practice areas page describes the defence work, and you can read more about the firm. The Criminal Procedure Code is available 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.