Arrest can happen fast and without warning. The Constitution of Kenya protects you from the first minute. Knowing these rights, and saying them calmly, can change how you are treated.
Article 49 of the Constitution says an arrested person has the right to:
- be told promptly, in a language they understand, why they are being arrested;
- remain silent, and be told of the consequences of not remaining silent;
- communicate with an advocate and other people whose help is needed;
- not be forced to make a confession or admission that could be used against them;
- be held separately from people serving a sentence;
- be brought before a court as soon as reasonably possible, and not later than 24 hours after arrest (if the 24 hours ends outside court hours or on a non-court day, then the end of the next court day);
- be released on bond or bail, on reasonable conditions, unless there are compelling reasons not to.
Article 49 also says a person should not be remanded in custody for an offence punishable only by a fine or by imprisonment of six months or less.
During the arrest
- Stay calm and don't resist physically, even if you believe the arrest is wrong.
- Ask: "Why am I being arrested?" and "Which police station are you taking me to?"
- Note the officer's name, service number and vehicle registration if you can.
- Tell a family member or friend where you are being taken.
At the police station
- Your details and the reason for arrest should be recorded in the Occurrence Book (OB). Ask for the OB number.
- You can ask to be released on police cash bail while investigations continue. You should get a receipt for any money paid.
- You do not have to make a statement without an advocate.
If your rights are violated — for example you are beaten, held beyond 24 hours without being taken to court, or asked for a bribe — you can file a complaint with the Independent Policing Oversight Authority (IPOA). Complaints are free.
Read our IPOA guide, or ask Ask Haki what to do in your situation.
This article is general information, not legal advice. For advice on your situation, consult an advocate or a legal aid clinic.