How long can police hold you before taking you to court?
Constitution of Kenya · sources read 2 Oct 2026
Police must bring an arrested person to court as soon as reasonably possible and not later than 24 hours after the arrest. If the 24 hours end outside court hours or on a day that is not a court day (like a weekend), the deadline is the end of the next court day.
- Deadline
- Within 24 hours of arrest, or by the end of the next court day if the 24 hours end outside court hours or on a non-court day.
- Where
- The police station where you are held; the court where you are first produced; the High Court for habeas corpus
Steps
- Ask the officer in charge of the station about release on a police bond. If you can't be taken to court within 24 hours, the officer must look into the case and, unless the offence seems serious, release you on a bond to appear in court later.
- At your first court appearance you must be charged, told why your detention is continuing, or released.
- Ask for bond or bail. You have the right to be released on reasonable terms while waiting for a charge or trial, unless there are compelling reasons not to release you.
- If someone is being held unlawfully, a petition for habeas corpus can be filed in court asking that the person be produced.
Watch out
- You cannot be remanded in custody for an offence punishable only by a fine or by up to six months in prison.
- The police bond rule in the Criminal Procedure Code does not cover murder, treason, robbery with violence or attempted robbery with violence.
- If police find there is not enough evidence, the officer in charge may release you without charge.
Who this covers
- Every arrested person.
Official sources (2)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Criminal Procedure Code, Cap. 75 (Revised Edition 2015) probation.go.ke · read 2 Oct 2026