Do you have to go when police summon you to record a statement?
National Police Service Act · sources read 5 Oct 2026
Yes. A police officer can require you in writing to attend a police station in the county where you live or are, if they believe you have information that can help an investigation, and refusing without a reasonable excuse is an offence. You do not have to answer questions that could expose you to a criminal charge, and your statement must be read back to you in a language you understand before you sign it.
- Where
- The police station named in the written summons; IPOA for complaints about police conduct
Steps
- Check the request is in writing and go to the police station or office it names, in the county where you live or currently are.
- Give your correct name and address. You may decline any question that tends to expose you to a criminal charge, penalty or forfeiture.
- Before you sign, ask for the statement to be read out to you in a language you understand, and make any corrections you want.
- 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.
Watch out
- Failing to attend without a reasonable excuse, or refusing to give your correct name and address, is an offence. Where no other penalty is set, the Act allows up to 5 years in jail, a fine of up to KSh 500,000, or both.
- If you are going to be charged or have been charged, police must first warn you that your statement may be used in evidence.
- A statement taken without following these rules cannot be used as evidence in any proceedings.
Who this covers
- Anyone the police have reason to believe has information that may help investigate an alleged offence, whether a suspect or a witness.
- The recording rules protect everyone who gives a statement, suspected or not.
Official sources (3)
- National Police Service Act, No. 11A of 2011 (Revised Edition 2017) nationalpolice.go.ke · read 2 Oct 2026
- Independent Policing Oversight Authority Act, No. 35 of 2011 nationalpolice.go.ke · read 2 Oct 2026
- National Police Service Act (Cap. 84), version of 15 September 2023 new.kenyalaw.org · read 5 Oct 2026