If you are arrested
What the police must tell you, how long they can hold you, and your right to bail and a lawyer.
Checked against the law on 16 October 2026
Your rights at arrest
To be told promptly, in a language you understand, why you are being arrested.
Constitution of Kenya, 2010 — Art. 49(1)(a)(opens Kenya Law)To remain silent, and not to be forced to make a confession or admission that could be used against you.
Constitution of Kenya, 2010 — Art. 49(1)(a)(ii), (b), (d)(opens Kenya Law)To contact an advocate and other people whose help you need.
Constitution of Kenya, 2010 — Art. 49(1)(c)(opens Kenya Law)To be brought before a court as soon as reasonably possible and not later than 24 hours after arrest (or by the end of the next court day if the 24 hours end outside court hours).
Constitution of Kenya, 2010 — Art. 49(1)(f)(opens Kenya Law)To be released on bond or bail on reasonable conditions, unless there are compelling reasons not to release you.
Constitution of Kenya, 2010 — Art. 49(1)(h)(opens Kenya Law)Not to be remanded in custody for an offence punishable only by a fine or by imprisonment of six months or less.
Constitution of Kenya, 2010 — Art. 49(2)(opens Kenya Law)Not to be tortured or treated in a cruel, inhuman or degrading way.
Constitution of Kenya, 2010 — Art. 25(a), Art. 29(d)(opens Kenya Law)
In court
To be presumed innocent until proven guilty, and to be told the charge in enough detail to answer it.
Constitution of Kenya, 2010 — Art. 50(2)(a), (b)(opens Kenya Law)To choose and be represented by an advocate, and to have one assigned by the State at its expense if substantial injustice would otherwise result.
Constitution of Kenya, 2010 — Art. 50(2)(g), (h)(opens Kenya Law)To have an interpreter free of charge if you do not understand the language of the court.
Constitution of Kenya, 2010 — Art. 50(2)(m)(opens Kenya Law)
What to do
Stay calm and do not resist. Ask which offence you are suspected of and which station you are being taken to.
Ask for the Occurrence Book (OB) number for your arrest and the names or service numbers of the officers.
Do not sign a statement you have not read or do not understand. You may wait for your advocate.
Ask about police cash bail at the station — for many minor offences you can be released before going to court.
Time limits that apply
- Appeal a criminal conviction or sentence to the High Court — 14 days
Where to get help
- National Legal Aid Service (NLAS)Free legal advice and representation for people who cannot afford a lawyer (Legal Aid Act 2016). Ask at any court registry or Huduma Centre.
- Independent Policing Oversight Authority (IPOA)Complain about police misconduct, assault or a death in custody.
- Kenya National Commission on Human Rights (KNCHR)Report human-rights violations, including torture and unlawful detention.
- Law Society of Kenya Check that an advocate is licensed for this year before you pay them, and find an advocate near you.
Every situation is different. Ask Verisha with your facts — answers cite the law.
Ask VerishaInformation, not legal advice. Check the official source, or an advocate, before you act.