Kenya Rights Guide
Your Rights When Arrested in Kenya — Article 49 of the Constitution
If arrested in Kenya, you have the right to be told why, the right to silence, the right to a lawyer, and the right to appear in court within 24 hours. Here is exactly what to say.
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Kenya Law
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Direct Answer
When arrested in Kenya, Article 49 of the Constitution gives you the right to be informed of the reason for arrest, the right to remain silent, the right to communicate with a lawyer and family, and the right to be brought before a court within 24 hours (or the next court day). You cannot be held beyond 24 hours without being charged or released.
What the Law Says
Your Legal Foundation
Constitution of Kenya 2010
Article 49(1)
“An arrested person has the right to be informed promptly, in plain language, of the reason for the arrest; the right to remain silent; and the right to communicate with an advocate and, with the consent of the advocate, other persons.”
Constitution of Kenya 2010
Article 49(1)(f)
“To be brought before a court as soon as reasonably possible, but not later than twenty-four hours after being arrested.”
Criminal Procedure Code Cap 75
Section 29
“Every person arrested shall be brought before a court without unnecessary delay and in any case within twenty-four hours of the arrest.”
What to Say
Exact Words to Use
“"I am invoking my right to remain silent under Article 49 of the Constitution of Kenya. I will not answer questions without a lawyer present."”
Tone: Calm, firm — say this immediately on arrest
“"I have been held for more than 24 hours without being charged. I am requesting to be either charged or released immediately as required by Article 49(1)(f) of the Constitution."”
Tone: Formal — say this or have a family member say this to the duty officer
Common Questions
Frequently Asked Questions
Can police search me without a warrant?
Police can search you on arrest or if they have reasonable suspicion you are carrying stolen goods, weapons, or contraband. A general "random" search without any grounds may be challengeable. You can ask the officer to state their grounds for the search.
What is a "bailable offence"?
Most offences in Kenya are bailable, meaning you can pay bail and be released pending trial. Capital offences (murder, treason, robbery with violence) are not automatically bailable. A magistrate determines bail for serious offences at your first court appearance.
Police are asking me to pay a bribe to be released — what do I do?
Do not pay. Paying a bribe is itself an offence. Note the officer's name and badge number. Report to IPOA (0800 722 203) and the Ethics and Anti-Corruption Commission (EACC) at 0800 720 030. Bribery by police is a serious disciplinary and criminal matter.
I was arrested but no charges were filed — does that affect me?
An arrest without charge should not appear as a criminal record if no conviction follows. However, ensure you receive written confirmation that the matter was closed with no charges. Seek legal advice if this is unclear.
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