Police & Arrest Rights
Beaten or Mistreated While in Custody
A police officer uses violence, threats, or degrading treatment against you in custody
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10 minutes
The Situation
What They Said
“If you do not tell us what we want to know, things are going to get very uncomfortable for you in here.”
A police officer uses physical violence, threatens you, puts you in a stress position, deprives you of food or water, or subjects you to degrading or humiliating treatment during detention or interrogation. This may be to extract a confession, to punish you, or simply an exercise of power. Police violence in custody is common in Kenya, and many victims do not know it is absolutely prohibited — or how to document and report it effectively.
The Fallacy
Custody Suspends Dignity
The officer operates on the assumption that arrest removes the person's fundamental rights — that inside a police cell, normal protections do not apply. The Constitution categorically rejects this. The prohibition on torture and cruel, inhuman, or degrading treatment is listed among Kenya's non-derogable rights — meaning it cannot be suspended by any law, any state of emergency, or any authority, ever. There is no legal justification for violence or degrading treatment in custody, regardless of what the person is suspected of or what information is sought.
What the Law Says
Your Legal Foundation
Constitution of Kenya, 2010
Article 25(a) and Article 29 — Absolute Prohibition of Torture — Non-Derogable Right
“The right under Article 29 — which includes freedom from torture, cruel, inhuman or degrading treatment or punishment — shall not be limited. Every person has the right to freedom from torture in any form; freedom from cruel, inhuman or degrading treatment or punishment; and not to be subjected to corporal punishment.”
Article 25 lists the rights that cannot be limited under any circumstances. Article 29 is on that list. This means there is no emergency, no national security justification, no court order, and no level of suspected wrongdoing that makes torture or degrading treatment lawful. A confession extracted through torture is inadmissible in court.
Prevention of Torture Act, 2017 (No. 13 of 2017)
Section 9 and 11 — Torture as a Criminal Offence
“A person who commits an act of torture commits an offence and is liable to imprisonment for a term not exceeding fifteen years, or if death results, to imprisonment for life. An order from a superior officer shall not be a defence to a charge of torture.”
Every officer who participates in or orders torture is personally criminally liable. 'I was ordered to do it' is expressly excluded as a defence. An officer watching while another officer tortures a detainee can also be held liable for failing to intervene.
Independent Policing Oversight Authority Act, 2011
Section 6(1)(a) — IPOA Jurisdiction — Deaths and Serious Injury
“IPOA shall receive and investigate complaints from members of the public against police; and investigate independently any death or serious injury occurring as a result of police action.”
IPOA has mandatory jurisdiction over deaths and serious injuries caused by police. You do not need to file a complaint for IPOA to investigate if serious harm occurred. A complaint can be filed by you, a family member, a lawyer, or any other person. Medical evidence of injuries should be documented as quickly as possible.
What Scripture Says
God's Word on This
Genesis 1:27 (ESV)
“So God created man in his own image, in the image of God he created him; male and female he created them.”
Every person bears the image of God — imago Dei. This foundational truth is why torture and degrading treatment are not merely illegal but morally repugnant at the deepest level. The moment an officer raises a hand to beat a defenceless person in custody, they are acting against the order of creation itself. No suspicion, no crime, no frustration with an investigation justifies the violation of what God has declared sacred in every human being.
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Common Counter-Arguments
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