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Someone is held and you don't know where: habeas corpus

Constitution of Kenya · sources read 2 Oct 2026

If someone is detained and hidden, anyone acting for them can petition the High Court for habeas corpus, an order to produce the person in court. This right can never be limited, and no fee may be charged to start the case.

Deadline
An arrested person must be brought before a court within 24 hours, or by the end of the next court day if the 24 hours end outside court hours.
Where
The High Court
Read the law

Steps

  1. Go to the High Court. It decides whether a right in the Bill of Rights has been denied or violated.
  2. File the petition on the detained person's behalf. The law lets someone act for a person who cannot act in their own name.
  3. Formalities are kept to a minimum: the court can, if necessary, accept informal documents.

Watch out

  • The right to habeas corpus is one of the few rights that can never be limited.
  • No fee may be charged to start a case to enforce Bill of Rights rights.

Who this covers

  • Any person who is detained or held in custody.
  • A relative, friend or anyone else can go to court for a person who cannot act in their own name.
Official sources (1)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

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