Your rights in a police cell or prison
Constitution of Kenya and Persons Deprived of Liberty Act · sources read 2 Oct 2026
A person in a police cell or prison keeps all their rights, except those clearly incompatible with being detained. The law entitles them to a nutritious diet, clean bedding, sanitary materials for women, a free call to anyone they choose, and at least one visitor every seven days.
- Deadline
- 60 days to appeal the officer in charge's decision on a complaint to the Cabinet Secretary.
- Where
- The officer in charge of the cell or prison; IPOA for police conduct; the High Court
Steps
- Family and friends can visit. A person in custody or in prison is entitled to at least one visitor every seven days, and a lawyer can visit on any day.
- If a right is denied, the detained person can complain, by word of mouth or in writing, to the officer in charge of the cell or prison.
- If not happy with the officer's decision, they can appeal to the Cabinet Secretary within 60 days of being told the decision.
- To complain about police conduct, email the Independent Policing Oversight Authority (IPOA) at complaints@ipoa.go.ke.
- Anyone detained or held in custody can go to the High Court for an order of habeas corpus, and anyone can go to court if a right in the Bill of Rights is violated.
Watch out
- The right to call someone of your choice comes with a duty on the officer in charge to arrange the call free of charge.
- Women held in a cell or prison must be given adequate sanitary materials.
- Anyone who wilfully denies a detained person these rights without lawful reason commits an offence: a fine of up to KSh 500,000, up to two years in jail, or both.
Who this covers
- Anyone who has been arrested, held in lawful custody, detained, or is serving a prison sentence.
- The Constitution protects every person detained, held in custody or imprisoned.
Official sources (3)
- Persons Deprived of Liberty Act, No. 23 of 2014 (Cap. 90A) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- IPOA Complaints ipoa.go.ke · read 2 Oct 2026