What Happens When You're Arrested in Kenya? Know Your Rights

What Happens When You're Arrested in Kenya? Know Your Rights

Getting arrested can be frightening — especially if you don’t know what’s going on or what your rights are. Whether you're innocent or guilty, knowing your rights during an arrest can protect you from abuse, delay, and injustice.

This article explains what to expect when you’re arrested in Kenya, your rights under the law, and how Sheria AI can help you take the right steps quickly and safely.

🚨 Common Reasons People Get Arrested in Kenya

• Theft or robbery
• Assault or fighting in public
• Not paying fines or court orders
• Protests or public demonstrations
• Being in the wrong place at the wrong time

Sometimes people are arrested wrongfully or held without being told why — which is a violation of their constitutional rights.

⚖️ What the Law Says About Arrests

According to the Kenyan Constitution (Article 49) and the Criminal Procedure Code, the police have a duty to inform you of:

• The reason for your arrest
• Your right to remain silent
• Your right to an advocate
• Your right to be brought to court within 24 hours (excluding weekends and public holidays)

🔐 Your Rights When You’re Arrested

Here’s what every Kenyan needs to know:

1. You Have the Right to Remain Silent
You don’t have to answer questions without a lawyer present.

2. You Must Be Told Why You're Being Arrested
The arresting officer must explain the reason clearly.

3. You Cannot Be Held for More Than 24 Hours Without Charge
You must be taken to court within 24 hours, or released on bond.

4. You Can Call a Lawyer or Family Member Immediately
You have the right to communicate with your advocate or next of kin.

5. You Must Be Treated Humanely
No torture, beatings, or threats — regardless of the crime.

6. You Can Apply for Bail or Bond
In most cases, bail is a right unless you are charged with a capital offense like murder or terrorism.

🧾 What to Do If You Are Arrested

1. Stay Calm
Avoid resisting arrest — this could lead to more charges.

2. Ask for the Reason
You have a right to know exactly what you're being arrested for.

3. Don’t Sign Anything You Don’t Understand
Ask to speak to your lawyer first.

4. Record the Details
Try to remember the names or badge numbers of the officers, time, place, and any witnesses.

5. Call Someone You Trust
Let someone know where you are and what’s happening.

💡 How Sheria AI Can Help

If you or a loved one is arrested, Sheria AI is your first point of defense.

Use Sheria AI to: ✅ Know what rights apply to your situation
✅ Get instant help with what to say or not say
✅ Generate a request for legal assistance
✅ Understand bail procedures, police custody rules, and more

👉 Create a free account and ask Sheria AI for help before you speak to anyone else.

🧠 Final Thoughts

In Kenya, many people are arrested and held illegally simply because they don’t know their rights. Don’t let that happen to you or someone you care about.

Sheria AI gives you legal clarity and confidence — even when you're in a tough spot.

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