
Let’s say you are walking on a street in Nairobi, Mombasa, or Kisumu and police officers suddenly approach you.
Before you realize it, you find yourself being arrested in Kenya. Your heart pounds, and a thousand questions run through your head:
What did I do?
What happens next?
What are my rights?
Getting arrested in Kenya is terrifying, especially if it’s never happened before. But here’s the excellent news: The Constitution of Kenya has your back.
It details your rights when arrested in Kenya to prevent you from being unfairly treated.
These are the rights of detained persons in Kenya, and they ensure you are treated with respect, regardless of why you have been brought in.
In the following post, we’ll cover every aspect of what happens when you are arrested in Kenya and your Kenyan arrest rights and constitutional safeguards.
Let’s boil down Kenya’s arrest process and rights so you’re prepared and understand your situation.
1. Right to Be Informed of Arrest in Kenya

Once you’re arrested, the police have to inform you why. When arrested in Kenya, under Kenya’s arrest rights, Article 49 of the Constitution, this is a significant right.
You are entitled to be informed of the arrest, Article 49(1)(a), Kenya, in a language you comprehend. The police must tell you why they are arresting you, whether you speak Kiswahili, English, Kikuyu, or Luo.
Why does this matter?
Understanding why you’re being arrested allows you to understand what is happening and take appropriate measures to defend yourself.
Maybe there’s been a misunderstanding and you were confused for the wrong person, or it’s something minor like a driving violation.
Without this knowledge, you’re in the dark, vulnerable to deception. The police are also required to inform you of your other rights, such as your right to silence and your right to an attorney.
And if they don’t, they’re trampling on your Kenyan rights.
What if you don’t understand a common language?
You have a right to a language interpreter. The police will have to find someone to translate so that you’ll know what’s happening.
This ensures that no one is kept in the dark about the process of arrest and rights in Kenya.
You can report later to the Kenya Independent Policing Oversight Authority, IPOA, if the police don’t brief you well.
2. Right to Remain Silent in Kenya

Have you heard those words, “You have a right to remain silent”? It’s not just for the movies—it’s a right when arrested in Kenya.
According to the Kenya arrest rights article 49(1)(b), which states the right to silence. You do not have to answer any questions or say anything that might be used against you in court.
Why is this important?
Occasionally, sweat in the heat of the moment might lead to you saying something that makes you appear guilty, even if you aren’t.
In Article 49(1)(d), the Constitution also provides that you cannot be compelled to make any confession or admission that would be admissible in evidence against you.
For instance, when the police ask, “Where were you last night? And you stammer out some vague reply, they might twist it against you.
The right to remain silent is one of multiple defense rights you can use during criminal proceedings.
Upon arrest, officers must even inform you of your right to remain silent. You have the right to remain silent and to wait to speak to a lawyer in Kenya, which takes us to the next key right.
3. Right to Legal Counsel After Arrest

When you are arrested in Kenya, the most significant of your rights is the right to a lawyer. Article 49(1)(c) of the Constitution gives you the right to legal representation on arrest.
This allows you to consult a lawyer once you’re arrested. You can communicate with anyone who can help you, such as a family member or a lawyer.
Why is a lawyer so important?
A lawyer in Kenya is familiar with the law and can help guide you through arrest and rights in Kenya.
They can guide you on what to say (or not say), navigate the charges against you, and ensure you’re handling yourself within your rights as a person arrested in Kenya.
For instance, if police attempt to question you without a lawyer by your side, your lawyer can intervene to shield you from that.
But what if you can’t afford a lawyer?
Kenya’s Legal Aid Service is there for assistance. You may also be eligible for free or low-cost legal assistance under the Legal Aid Act if you can’t pay.
This guarantees that everyone can access a lawyer, regardless of their economic status.
If you’re arrested, request to speak with a lawyer immediately. Do not let the police force you into speaking without one; it’s your Kenyan constitutional right to remain silent.
4. Rights Within 24 Hours of Arrest in Kenya

Time is of the essence when you’re arrested. The Constitution of Kenya under Article 49(1)(f) provides 24 hours to be taken before a court system of a Kenyan detained person.
They must take you before a judge within 24 hours of arresting you or as soon as possible, if you are charged on a weekend or a public holiday.
This right to bail 24 hours in Kenya ensures you do not spend days sitting in a cell without knowing your fate.
But why is this 24-hour rule so important?
It will keep the police from locking you up unjustly or prolonging your case. Once you’re brought to court, a judge reviews the charges and determines whether you should be released, have bail set, or be detained.
This is an opportunity for you to tell your story with your lawyer’s assistance. If the police detain you in jail for more than 24 hours before the court tries you, they are infringing on your rights while in custody in Kenya.
You can contest this in court, or file a report with the Kenya Independent Policing Oversight Authority IPOA.
5. Right to Bail in Kenya

Once you’ve been arrested, one of the first questions you’ll likely ask is, Can I get out of jail? The good news is that you have a constitutional right to bail in Kenya under Article 49(1)(h) of the Constitution.
This means that in the event of Kenya’s bail upon arrest, you have the right to be released on bail or bond with reasonable terms, and there is a compelling reason to detain you.
In the case of a relatively minor offense, like a traffic violation, if you are accused of a crime, you will get bail (from the police station).
But for serious crimes such as murder or robbery with violence, bail is not automatic.
The court makes its decision considering factors such as the likelihood that you will flee or pose a danger to society. Even so, the bail amount must be reasonable, not so high that you cannot pay it.
If you believe the bail is excessive, your attorney can petition the court to lower it. This is part of your rights when you are arrested in Kenya.
What if you can’t make bail?
You may be arrested, but you have all the rights of a person detained in Kenya.
You should be treated humanely as provided for under the Persons Deprived of Liberty Act, Kenya, which is explained here.
The trick is to move with your attorney to get bail fast, before you spend too much time in the joint.
6. Rights While Held in Custody in Kenya

Getting arrested does not mean losing your dignity. The Persons Deprived of Liberty Act, Kenya, and Article 49 of the Constitution of Kenya guarantee humane treatment and dignity while you are detained.
This is a fundamental of your rights when you are arrested in Kenya. According to the Act, you are entitled to:
- Hosted in a clean, safe facility.
- Be segregated from sentenced prisoners (Article 49(1)(e)).
- Get food, water, and medical treatment.
- Not be tortured, brutalized, or otherwise inhumanely treated.
If you’re held in a police station, for instance, you shouldn’t be slapped around, insulted, and held in a filthy cell.
Your constitutional rights, Kenya arrested persons. You should also be protected against excessive force during an arrest.
If the police use more force than is necessary, such as hitting you when you’re not resisting, then it would be a violation of your rights on arrest in Kenya.
You can report such abuses to the Kenya Independent Policing Oversight Authority, IPOA.
The Prisoners’ Law, Kenya, also guarantees that you can talk to your family, lawyer, or someone of your choice while in custody.
This makes it easy to keep communication lines open and stay informed about how your case is progressing.
If you feel that your rights when arrested in Kenya are violated, speak out; your voice is essential.
Conclusion
Getting arrested in Kenya can be a scary experience. However, the power of knowing your rights when getting arrested in Kenya is great.
From your right to see the cause of your arrest, Kenya, to your right to bail, Kenya, the Constitution of Kenya and the Persons Deprived of Liberty Act, Kenya, defend you every step of the way.
Whether it is keeping quiet, hiring an attorney, or demanding to be treated fairly, the rights of a man who is arrested in Kenya are there and are not up for debate.
If arrested, keep a clear head, ask for a lawyer, and insist on your Kenyan arrest rights and constitutional protections.
In the event of the violation of your rights, get in touch with Kenya Legal Aid Service or Kenya Independent Policing Oversight Authority IPOA.
Information is your shield, which you can use to manoeuvre through an arrest. Rights in Kenya will be something you will be better assured of.
More information on what my rights are regarding arrest in Kenya? Tell us, and read more.
FAQs
What are my rights if arrested in Kenya?
Some of your rights when arrested in Kenya are to be told why you have been arrested, to remain silent, to see a lawyer, to be in court within 24 hours, and to apply for bail.
You are also protected against torture and cruel treatment under the Persons Deprived of Liberty Act, Kenya.
What happens when you’re arrested in Kenya?
If you’re arrested, the police must inform you of why, and in a language you understand. You have the right to remain silent, to see an attorney, and to be taken before a court within 24 hours.”
You can either be released on bail or placed in custody, but your rights as an arrested person in Kenya must be upheld.
Can I get a lawyer if I can’t afford one?
Yes! Suppose you are unable to afford an attorney. In that case, the Kenya Legal Aid Service will help provide you with a lawyer at reduced or no cost, protecting your right to legal counsel in Kenya after arrest.
What if the police don’t take me to court within 24 hours?
If the police keep you for more than 24 hours without taking you to court, they’ve violated your rights as an arrested person in Kenya for 24 hours.
You can contest this in law and report to the IPOA – Kenya Independent Policing Oversight Authority.
Can I be forced to confess?
No. You have the right to say nothing but the truth, Kenya, and cannot be compelled to admit or confess guilt. A forced confession may not be used against you in court.