Can police take your fingerprints and photo, and must they delete them?
National Police Service Act · sources read 3 Oct 2026
Police can take your fingerprints, palm prints, photos, measurements and other forensic samples while you are in lawful custody, and refusing is an offence. If you are not charged with an offence that carries jail, or the court discharges or acquits you, and you have no earlier conviction for such an offence, those records must be destroyed or handed to you immediately.
- Deadline
- The records must be destroyed or handed over immediately once the conditions are met.
- Where
- The police station that took the records; complaints to IPOA (toll free 1559, complaints@ipoa.go.ke)
Steps
- If you were released without a charge for a jailable offence, or were discharged or acquitted, ask the police station that took your records to destroy them or hand them over to you, as section 55(4) of the National Police Service Act requires.
- If the police refuse, you can complain to the Independent Policing Oversight Authority (IPOA): call 1559 toll free, email complaints@ipoa.go.ke, write to P.O. Box 23035-00100 Nairobi, or complain at a police station.
Watch out
- Refusing to let police take your fingerprints, photos or other forensic evidence under section 55 is an offence.
- If you are convicted of refusing, police may use reasonable force to take your fingerprints and photos.
- The records are kept if you are charged with a jailable offence and convicted, or if you have an earlier conviction for such an offence.
Who this covers
- Anyone in lawful custody or under police supervision can have fingerprints, palm prints, footprints, photos, measurements and other forensic evidence taken.
- The duty to destroy or hand back the records protects people who are not charged with an offence punishable by jail, or who are discharged or acquitted, and who have no previous conviction for such an offence.
Official sources (2)
- National Police Service Act, No. 11A of 2011 (Cap. 84) new.kenyalaw.org · read 3 Oct 2026
- IPOA Complaints Management ipoa.go.ke · read 3 Oct 2026