Can police question or arrest a child?
National Police Service · sources read 4 Oct 2026
Police can arrest a child aged 12 or over, but must tell the parent or guardian and a Children's Officer within 24 hours. Police rules say a child may only be interrogated with a lawyer present, must be kept apart from adults, and should normally be released to a parent.
- Where
- At the police station (ask for the Child Protection Unit). A Children's Officer from the Department of Children's Services must be told.
Steps
- The officer who arrests a child, or gives them a summons or written notice, must notify the parent or guardian and a Children's Officer within 24 hours.
- Before any questioning, the officer must explain the child's rights under Article 49 in a language the child understands.
- Police Standing Orders say a child must not be interrogated except in the presence of a lawyer.
- A Children's Officer assesses the child in a safe, child-friendly place, such as a room at the police station, the Children's Court or the Children's Services office.
- Police are expected to release the child to a parent, guardian or other responsible adult. If held, the child stays in a Child Protection Unit, separate from adults.
Watch out
- A child under 12 cannot be held criminally responsible for anything they did.
- A child cannot be forced to give evidence or confess.
- No one may publish anything that could identify the child. Doing so can mean a fine of up to KSh 500,000, up to 12 months in jail, or both.
Who this covers
- Children above 12 and under 18 who are suspected of breaking the law.
Official sources (2)
- The Children Act, 2022 (No. 29 of 2022) childrenservices.go.ke · read 4 Oct 2026
- National Police Service Standing Orders nationalpolice.go.ke · read 4 Oct 2026