49. Rights of arrested persons
Official Constitutional Text
49. (1) An arrested person has the right—
(a) to be informed promptly, in language that the person understands, of—
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than—
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
(2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article provides strong protections for people who have been arrested.
Key rights include:
- Being told immediately why you are being arrested, in a language you understand.
- The right to remain silent and not be forced to confess.
- The right to contact a lawyer and family members.
- The right to be brought before a court within 24 hours (or the next court day).
- The right to be released on reasonable bail unless there are strong reasons to keep you in custody.
- Protection against being held with convicted prisoners.
This is one of the most important safeguards against police abuse and unlawful detention in Kenya.