Knowing your rights during an arrest can make a significant difference in the outcome of your case. This article outlines your constitutional rights, what police can and cannot do, and steps to take if you're arrested.
Article 49: Your Fundamental Rights
Under the Constitution of Kenya 2010, everyone arrested has the right to be informed of the reason for arrest, the right to remain silent, and the right to a legal representative.
Key Rights to Assert
- Right to Counsel: You must be allowed to contact a lawyer immediately.
- Right to Bail: You must be brought before a court within 24 hours to apply for reasonable bail.
- Right to Dignity: You must not be subjected to torture or degrading treatment.
What Police Can and Cannot Do
Police can arrest you without a warrant if they witness a crime or have reasonable suspicion. However, they cannot hold you indefinitely without charge. Our team intervenes promptly to ensure your rights are upheld from the moment of arrest.
"Silence is not an admission of guilt. It is a constitutional right."