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Can an ordinary person arrest someone? Is mob justice allowed?

Criminal Procedure Code and Penal Code · sources read 4 Oct 2026

A private person may arrest someone they see committing a cognizable offence or reasonably suspect of a felony, and must hand them to a police officer, or take them to the nearest police station, without unnecessary delay. Mob justice is not allowed: everyone has the right not to face violence from public or private sources.

Where
The nearest police officer or police station
Read the law

Steps

  1. Hand the person to a police officer, or take them to the nearest police station, without unnecessary delay.
  2. The police decide next: if there is no good reason to believe an offence was committed, the person must be released at once.
  3. If you or someone else is attacked by a crowd, report it at a police station: everyone is protected from violence by public or private persons.

Watch out

  • Force is not a free pass: if someone is charged over force used in an arrest, the court weighs how serious the offence was and the circumstances.
  • In a group attack, each person who joined in a common unlawful purpose can be treated as having committed the offence.
  • Everyone has the right to life, including a suspected thief.
  • Beating a suspect is a crime: common assault carries up to 1 year in jail, assault causing actual bodily harm up to 5 years, and causing grievous (serious) harm up to life imprisonment.
  • Killing a suspect is manslaughter, punishable by up to life imprisonment, or murder if done with malice aforethought, for which the Penal Code sets the death sentence.

Who this covers

  • Any private person, for cognizable offences committed in their view or felonies they reasonably suspect.
  • Property owners, their employees and people they authorise (such as guards), for someone found damaging their property.
Official sources (3)
  1. Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
  2. Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
  3. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

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