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Can a confession you made to the police be used against you?

Constitution of Kenya and Evidence Act · sources read 5 Oct 2026

A confession is usually not admissible against you unless you made it in court before a judge or magistrate, or before a police officer of at least Inspector rank who is not investigating your case, with a third person of your choice present. A confession caused by a threat, promise or inducement from someone in authority cannot be used, and no one may force you to confess.

Where
Raise it at the police station (ask for an advocate) and in the trial court
Read the law

Steps

  1. If you are arrested, ask to contact an advocate or someone who can help you before you say anything.
  2. At trial you may stay silent and choose not to testify.
  3. If the prosecution relies on a confession, you can challenge it in court, for example because it was made under threat or not in the way the law requires.

Watch out

  • A confession made in court, or before a police Inspector or higher (not the investigating officer) with your chosen third person present, can be used against you.
  • Evidence obtained by violating your rights is excluded if using it would make the trial unfair or harm justice.
  • A confession can be words or conduct, not only a signed statement.
  • Outside court, you choose the third person who must be there for the whole session. You must be told of your right to a lawyer, can use your own language (with a free interpreter if you speak neither Kiswahili nor English), and can write the statement yourself.
  • Police must not record a confession from someone who says they were tortured or shows signs of injury or extreme fatigue.
  • If your confession is recorded electronically, you can ask for a copy of the recording.
  • A confession made to a police officer below the rank of Inspector cannot be proved against you at all.

Who this covers

  • Anyone who has been arrested.
  • Anyone accused of an offence: you can refuse to give evidence that incriminates you.
Official sources (3)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
  2. Evidence Act (Cap. 80), version of 11 December 2023 new.kenyalaw.org · read 5 Oct 2026
  3. Evidence (Out of Court Confessions) Rules (L.N. 41 of 2009), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026

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