When can police arrest you without a warrant?
National Police Service Act and Criminal Procedure Code · sources read 5 Oct 2026
Police can arrest you without a warrant if they reasonably suspect you of a cognizable offence or a felony, see you breach the peace, you obstruct them or escape custody, you have suspected stolen property, or they believe a warrant for you exists. Every arrest is subject to your rights in Article 49, including being told the reason promptly.
- Deadline
- Brought to court within 24 hours of arrest (or the end of the next court day).
- Where
- The police station holding you; the court within 24 hours; IPOA for complaints against police
Steps
- Ask why you are being arrested. You have the right to be told the reason promptly, in a language you understand.
- You may contact an advocate and other people whose help you need.
- You must be taken to court within 24 hours, or by the end of the next court day if the 24 hours end outside court hours.
- Complaints of ill-treatment in police custody, and claims for compensation, are investigated by the Independent Policing Oversight Authority (IPOA).
Watch out
- A suspicion is enough for many grounds, but it must be on reasonable grounds.
- The Criminal Procedure Code also lists arrest-without-warrant grounds, which overlap with those in the National Police Service Act.
- The Criminal Procedure Code also lets police arrest without a warrant someone found in a street or public place after dark whom they reasonably suspect of being there for an illegal or disorderly purpose, or who cannot give a satisfactory account of themselves. Night-time arrests on reasonable suspicion of a felony are also allowed.
Who this covers
- Every arrested person, whether arrested with or without a warrant.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- National Police Service Act (Cap. 84), version of 15 September 2023 new.kenyalaw.org · read 5 Oct 2026