Can a male police officer search a woman?
Criminal Procedure Code and Constitution of Kenya · sources read 4 Oct 2026
No. Whenever a woman needs to be searched, the law says another woman must do the search, with strict regard to decency. This also applies when a woman is searched during the execution of a search warrant. For anyone in custody, the law says any body search must be done by a person of the same sex, and intrusive searches in private.
- Where
- IPOA for complaints about police conduct; the High Court to enforce your rights
Steps
- Ask for a female officer to carry out the search. The law requires the search to be done by another woman with strict regard to decency.
- If an officer breaks these rules, you can complain to the Independent Policing Oversight Authority (IPOA), which investigates complaints against police officers. You can complain orally or in writing.
- You can go to court claiming your rights to dignity or privacy were violated.
Watch out
- Police may search a person they have arrested and keep their belongings, other than necessary clothing, in safe custody. The same-sex rule still applies to women.
- The Constitution protects your right not to have your person searched, but police can still search in situations the law allows.
- An intrusive or body-cavity search must be done in private, by someone of the same sex, with care for your safety and health. An unreasonable body search is not allowed.
- An intersex person has the right to choose the sex of the person who searches them.
Who this covers
- Any woman the police or another authorised person need to search.
- Every person has inherent dignity and the right to have it respected and protected.
- Anyone deprived of liberty (arrested, detained or in custody): a body search must be done by a person of the same sex.
Official sources (4)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Independent Policing Oversight Authority Act, No. 35 of 2011 nationalpolice.go.ke · read 2 Oct 2026
- Persons Deprived of Liberty Act, No. 23 of 2014 new.kenyalaw.org · read 4 Oct 2026