The criminal procedure code provides for the circumstances in which a police officer may with or without an order from a magistrate and without a warrant conduct an arrest. These grounds for arrest are as follows
- Any person whom he suspects upon reasonable grounds of having committed a cognizable offence.
- Any person who commits a breach of the peace in his presence.
- Any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody.
- Any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing.
- Any person whom he suspects upon reasonable grounds of being a deserter from the armed forces.
- Any person whom he finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony.
- Any person whom he finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself.
- Any person whom he suspects upon reasonable grounds of having been concerned in an act committed at a place out of Kenya which, if committed in Kenya, would have been punishable as an offence, and for which he is liable to be extradited under the Extradition (Contiguous and Foreign Countries) Act (Cap. 76) or the Extradition (Commonwealth Countries) Act (Cap. 77).
- Any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on that person, any implement of housebreaking;
- Any released convict committing a breach of any provision prescribed by section 344 or of any rule made thereunder.
- Any person for whom he has reasonable cause to believe a warrant of arrest has been issued.
Criminal Procedure Code, Chapter 15 Laws of Kenya