Kenyan Constitution: Chapter Four, Part 2, Articles 48 to 49 Rights of an Arrested Person

Rights and fundamental freedoms

Article 48

The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.

Article 49

(1) An arrested person has the right–

(a) to be informed promptly, in language that the person understands, of–

(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;

(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than–

(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;

(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

(2) A person shall not be remanded in custody for an offense if the offense is punishable by a fine only or by imprisonment for not more than six months.

Read: Kenyan Constitution: Chapter Four, Part 2, Articles 45 to 47