Is police entrapment legal in Kenya?
Kenyan courts and Constitution of Kenya · sources read 4 Oct 2026
Police and EACC may set a trap to catch someone who was already willing to commit an offence, such as an official who had already asked for a bribe. It is entrapment when the State puts the idea of a crime into an innocent person's head and pushes them to commit it; courts weigh that when deciding if the trial was fair, and evidence got in a way that breaks your rights is thrown out if using it would make the trial unfair.
- Where
- Raise it with your advocate and in the trial court; at the police station, ask for an advocate
Steps
- If you are arrested after a trap, ask to contact an advocate. You do not have to confess to anything.
- At trial, challenge the prosecution's evidence and show how the officers or their informer pushed you into the offence.
- Ask the court to exclude evidence obtained by breaking your rights if using it would make the trial unfair.
Watch out
- It is not entrapment if you had already started the offence, for example you had already asked for the bribe before the trap was set.
- Entrapment does not automatically wipe out the charge. Courts now treat it as a factor in whether the trial was fair and in the sentence.
- No one may force you to confess. For when a confession to police can be used, see the confessions page.
Who this covers
- Anyone accused of an offence, including after a police or EACC trap.
Official sources (3)
- Ngugi v Republic (Criminal Appeal 123 of 2020) [2025] KECA 1569 (KLR) (3 October 2025) new.kenyalaw.org · read 4 Oct 2026
- Mohamed Koriow Nur v Attorney General [2011] KEHC 4302 (KLR) (Petition 181 of 2010) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026