Rights of an Arrested Person in Kenya.
They are constitutionally grounded under Article 49 of the Constitution of Kenya 2010. They include:-
- Right to Be Informed Promptly of the Reason for the Arrest. This right demands immediate explanation why the person is being arrested and the offence suspected to have been committed. The explanation must be clear and understandable .
- Right to Be Informed of the Right to Remain Silent. Police must notify the arrested persons that they are not obligated to answer questions and also that they cannot be forced to confess.
- Right to Be Informed of the Consequences of Not Remaining Silent. The arrested person need to be informed that any statement made may be used as evidence in court. The arrested person ought to be made understand the legal impact of speaking and also the risks of self-incrimination.
- Right to Communicate with an Advocate and Other Necessary Persons. The arrested person may contact a lawyer, receive legal advice, consult privately and obtain representation during questioning and court proceedings. An advocate ensures protection of constitutional rights, challenges unlawful detention, secure bail or bond and prepares defence.
- Right Not to Be Compelled to Make Any Confession or Admission. This entails protection against torture, threats or assault to the accused persons. It protects dignity, fair trial, enhances reliability of evidence, prevents police brutality, fabricated confessions and wrongful convictions.
- Right to Be Held Separately from Convicted Prisoners. Persons awaiting trial should not be mixed with convicted prisoners. This right enhances presumption of innocence, personal safety and protects dignity.
- Right to be brought Before a Court within 24 Hours of arrest. The arrested person must be promptly presented before court for charging to avoid unnecessary detention. This right prevents unlawful detention, disappearance and personal abuse while in police custody. It also ensures judicial oversight over unlawful detentions.
- Right to be charged at the First Court Appearance. This right demands that formal charges should be presented or lawful reasons for continued detention explained. The person ought to be informed of the reason for arrest, offence committed and be allowed to take plea.
- Right to Bail or Bond. The arrested person should be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released This right entails seeking temporary release from custody where the arrested person remains free while awaiting trial.
- Protection against Remand for Minor Offences. Alternative measures such as fines, summons and non-custodial measures should be prioritized first in minor offences other than taking the arrested person to custody.