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Your rights when police arrest you

Constitution of Kenya and Persons Deprived of Liberty Act, 2014 · sources read 2 Oct 2026

If you are arrested, you must be told promptly, in a language you understand, why you are being arrested and that you have the right to remain silent. You can contact a lawyer and others who can help, you cannot be forced to confess, and you must be kept apart from people serving sentences.

Where
IPOA for complaints about police conduct; the High Court to enforce your rights
Read the law

Steps

  1. Ask why you are being arrested. You have the right to remain silent and must be told what happens if you don't.
  2. Ask to call a lawyer or family. You have the right to communicate by phone or other means, and the facility must make this possible without charge.
  3. Your belongings should be listed in the station's property receipt book. On release you have the right to get all your property back.
  4. If police abuse or mistreat you, complain to the Independent Policing Oversight Authority (IPOA).
  5. You can go to court if any of these rights is denied or violated.

Watch out

  • You cannot be forced to make a confession or admission that could be used as evidence against you.
  • You must be held separately from people who are serving a sentence.
  • Freedom from torture and cruel treatment can never be limited, even during arrest or detention.

Who this covers

  • Every arrested person in Kenya, citizen or not.
  • People held in custody keep all their Bill of Rights rights except those clearly incompatible with being held.
Official sources (3)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
  2. Persons Deprived of Liberty Act, No. 23 of 2014 new.kenyalaw.org · read 2 Oct 2026
  3. Independent Policing Oversight Authority Act, No. 35 of 2011 nationalpolice.go.ke · read 2 Oct 2026

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