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
Steps
- Ask why you are being arrested. You have the right to remain silent and must be told what happens if you don't.
- 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.
- Your belongings should be listed in the station's property receipt book. On release you have the right to get all your property back.
- If police abuse or mistreat you, complain to the Independent Policing Oversight Authority (IPOA).
- 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)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Persons Deprived of Liberty Act, No. 23 of 2014 new.kenyalaw.org · read 2 Oct 2026
- Independent Policing Oversight Authority Act, No. 35 of 2011 nationalpolice.go.ke · read 2 Oct 2026