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
Steps
- If you are arrested, ask to contact an advocate or someone who can help you before you say anything.
- At trial you may stay silent and choose not to testify.
- 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)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Evidence Act (Cap. 80), version of 11 December 2023 new.kenyalaw.org · read 5 Oct 2026
- Evidence (Out of Court Confessions) Rules (L.N. 41 of 2009), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026