What to Do If You Are Arrested

## What to Do If You Are Arrested in Kenya Being arrested can be frightening, but knowing your rights under the Constitution of Kenya can protect you. This guide explains what to expect and how to handle the situation. ### Your Constitutional Rights (Article 49) When arrested, you have the right to: 1. **Be informed of the reason for arrest** - In a language you understand 2. **Remain silent** - You cannot be forced to make statements 3. **Contact a lawyer** - Of your choice, at your own expense 4. **Contact family/friend** - To inform them of your whereabouts 5. **Be brought to court within 24 hours** - Or be released 6. **Reasonable bail** - Unless there are compelling reasons to deny it 7. **Humane treatment** - No torture, cruel or degrading treatment ### What the Police CAN Do - Arrest you with a valid warrant - Arrest you without warrant for certain offenses (serious crimes, preventing escape) - Search you and immediate surroundings at arrest - Take your fingerprints and photographs - Hold you for questioning (not exceeding 24 hours before court) ### What the Police CANNOT Do - Arrest you without stating the reason - Use excessive force - Torture or threaten you - Deny you access to a lawyer - Hold you beyond 24 hours without court authorization - Force you to sign statements - Deny you food, water, or medical attention ### Step-by-Step: If You Are Arrested #### 1. Stay Calm - Do not resist arrest, even if you believe it's unlawful - Resisting can lead to additional charges - Keep your hands visible #### 2. Ask for Information - "What am I being arrested for?" - "What is your name and police station?" - Remember or write down badge numbers #### 3. Exercise Your Rights - "I wish to remain silent until I speak to a lawyer" - "I want to inform my family" - You don't have to answer questions beyond your name and address #### 4. Don't Sign Anything - Don't sign any document without reading and understanding it - Don't sign anything without a lawyer present - You have the right to have documents translated #### 5. Request Bail - For most offenses, you have a right to bail - Bail can be granted at the police station (police bail) or in court - If denied, ask for written reasons ### After Arrest - Contact a lawyer immediately - Document everything (names, times, treatment) - If mistreated, file a complaint with the Independent Policing Oversight Authority (IPOA) - Appear in court as required ### Important Phone Numbers - Police Emergency: 999 or 112 - Kenya National Human Rights Commission: 020-2717908 - Law Society of Kenya: 020-2625725 - IPOA: 020-4906000 --- *Need legal help after an arrest? Chat with Juahaki AI on WhatsApp to understand your options and next steps.*