Rights During Arrest

The hours following an arrest are the most decisive in any criminal matter. Decisions made then — what to say, what to sign, who to contact — often shape the outcome more than anything that happens in court months later. Every Kenyan should understand their constitutional rights and know what to do first.

Article 49 of the Constitution of Kenya sets out the rights of an arrested person clearly. You have the right to be informed promptly of the reason for your arrest, the right to remain silent and the consequences of not remaining silent, the right to communicate with an advocate and family, the right not to be compelled to make any confession, and the right to be held in conditions consistent with human dignity.

The first step is to stay calm and say as little as possible about the allegation itself. Provide your name and basic identifying information when required, but do not answer questions about the events before speaking with a lawyer. Anything said in the station can appear later in a statement or charge sheet.

Do not sign anything without reading it carefully, and preferably without your advocate present. Statements written by officers and signed by accused persons have been the foundation of many convictions that careful early advice would have prevented.

Exercise the right to contact a lawyer immediately. A phone call to a trusted advocate — or to family who can engage one — is not a delay tactic. It is the point at which the process becomes fair. An advocate attending the station can ensure statements are recorded properly, advise on whether to answer questions, and begin work on bail or release terms.

The twenty-four-hour rule is fundamental. An arrested person must be brought to court within twenty-four hours of arrest, or if the arrest was outside court hours, as soon as reasonably possible. Prolonged detention without production in court is unlawful and should be challenged.

For civil matters — for instance, being served with summons or a demand — the principles are similar. Do not respond in writing without advice, do not sign documents you do not understand, and engage an advocate early. Weak responses made in panic are difficult to undo.

Legal support in the first hours is not a luxury. It is often the single intervention that changes a case from a potential conviction to a dismissal, or from a lost claim to a successful defence.