Know Your Rights: Legal Protections for Arrested Persons in Kenya
The Constitution of Kenya, 2010, presents a comprehensive framework aimed at safeguarding human rights, with a particular emphasis on the rights of individuals upon arrest. Article 49 articulates the essential rights that must be upheld during such circumstances, thereby ensuring the adherence to due process and the respect for fundamental freedoms.
Key Rights of Arrested Persons
1. Right to Be Informed of the Reasons for Arrest
Upon arrest, an individual has the right to be informed promptly, in a language they understand, of the reason for their arrest. This ensures transparency and prevents arbitrary detentions.
2. Right to Remain Silent
Arrested individuals have the right to remain silent and not make self-incriminating statements. This is a crucial safeguard against coercion and abuse.
3. Right to Legal Representation
Every arrested person has the right to communicate with an advocate or any person of their choice. If the arrested individual cannot afford legal representation, they have the right to be assigned a lawyer by the state where substantial injustice would otherwise result.
4. Right to Be Presented in Court Without Unreasonable Delay
An arrested person must be brought before a court as soon as reasonably possible but not later than 24 hours after the arrest. If the arrest occurs on a weekend or public holiday, the individual should be presented in court on the next working day.
5. Right to Be Released on Bail or Bond
Arrested persons have the right to be released on bond or bail unless there are compelling reasons to deny them such a right. This provision ensures that detention is not used as a punishment before a person has been convicted.
6. Right to Humane Treatment
An arrested person must be treated with dignity and respect. They should not be subjected to torture, inhumane or degrading treatment, or held in conditions that violate their human rights.
7. Right to a Fair Trial
Arrested persons have the right to a fair trial, which includes the right to be presumed innocent until proven guilty, the right to an interpreter if they do not understand the language used in court, and the right to challenge the evidence presented against them.
8. Right to Communicate with a Third Party
An arrested individual has the right to inform a family member, employer, or any other person of their choice about their arrest and whereabouts.
Importance of Upholding These Rights
Respecting the rights of arrested persons is crucial in upholding the rule of law and ensuring justice prevails. Any violations of these rights can lead to legal consequences, including the dismissal of cases based on procedural irregularities. Law enforcement agencies and the judiciary must work together to ensure that the provisions of Article 49 are adhered to at all times.
At D. Otunga & Associates, we are committed to defending the rights of arrested persons and ensuring that justice is served. If you or a loved one has been arrested and requires legal assistance, do not hesitate to contact us for expert legal representation and advice.