What To Do When You Are Arrested In Kenya: Your Legal Rights And Immediate Steps
- Muhoro & Gitonga Associates
- 4 hours ago
- 3 min read
Table of Contents
1. Understanding Arrest in Kenya
An arrest in Kenya occurs when a police officer lawfully deprives a person of freedom due to suspected involvement in an offence.
Arrests are governed by:
Police may arrest:
With a court warrant
Without a warrant where the law permits
An arrest does not mean guilt. It begins the criminal justice process.
2. Your Constitutional Rights When Arrested
Article 49 of the Constitution protects arrested persons.
You have the right to:
Be informed promptly, in a language you understand, of the reason for arrest
Remain silent
Not be compelled to make a confession
Communicate with an advocate and family
Be held separately from convicted prisoners
Be brought to court within 24 hours
Be released on bail or bond unless compelling reasons exist
These rights apply immediately upon arrest.
3. Immediate Steps to Take After Arrest
Stay calm and cooperative
Do not resist physically. Resisting arrest may lead to additional charges.
Ask the reason for arrest
Police must explain the offence suspected.
Exercise your right to remain silent
You are not required to answer questions beyond identifying yourself.
Request to contact a lawyer
This is a constitutional right.
Inform a family member
Police should allow communication.
Note details
Remember officer names, station, time of arrest.
4. Police Procedures After Arrest
After arrest, police may:
Take you to a police station
Record your personal details
Conduct lawful searches
Hold you in custody pending investigation
Police must:
Treat you with dignity
Not torture, assault, or intimidate
Provide basic necessities
Unlawful detention or mistreatment can be challenged in court.
5. Bail and Bond in Kenya
Bail allows temporary release before trial.
Key principles:
Bail is a constitutional right
The court may deny bail only for compelling reasons
Police may grant police bond for minor offences
Courts consider:
Nature of the offence
Flight risk
Interference with witnesses
Public safety
Bail conditions may include:
Cash bail
Surety
Reporting to polic
Travel restrictions
6. Searches, Statements, and Evidence
During arrest:
Police may search you for safety and evidence
Home searches usually require a warrant
Regarding statements:
You are not required to give a statement without a lawyer
Confessions must follow strict legal procedures
Forced statements are inadmissible
Be cautious before signing any document.
7. Court Appearance and Timelines
An arrested person must be presented in court:
Within 24 hours
Or the next court day if arrested outside court hours
In court:
Charges are read
Plea is taken
Bail is addressed
Failure to present you in time may amount to unlawful detention.
8. What Not To Do During Arrest
Do not:
Resist arrest
Bribe officers
Sign documents you do not understand
Discuss the case with strangers
Share sensitive details on social media
These actions may harm your case.
9. Role of a Lawyer After Arrest
A lawyer helps to:
Protect your rights
Challenge unlawful detention
Apply for bail
Advise on statements
Prepare defence strategy
Early legal representation reduces legal risk.
10. Frequently Asked Questions
1. Can police arrest me without a warrant in Kenya?
Yes. Police may arrest without a warrant for certain offences where the law permits.
2. How long can police detain me?
You must be taken to court within 24 hours or the next court day.
3. Do I have to answer police questions?
No. You have the right to remain silent.
4. Can I be denied bail?
Yes, but only if the prosecution proves compelling reasons.
5. Can police search my house without permission?
Usually a warrant is required unless exceptional circumstances exist.
6. Should I give a written statement immediately?
You have the right to consult a lawyer first.
7. What if police violate my rights?
You may challenge the violation in court or lodge a complaint with oversight bodies.
8. Does arrest mean I have a criminal record?
No. A criminal record arises only after conviction.
