Article 49 of the Constitution of Kenya, 2010 provides for the rights of arrested persons. These rights are as follow;
- The right to be informed promptly, in language that the person understands, of—
- the reason for the arrest;
- the right to remain silent; and
- the consequences of not remaining silent;
- The right to remain silent;
- The right to communicate with an advocate, and other persons whose assistance is necessary;
- The right not to be compelled to make any confession or admission that could be used in evidence against the person;
- The right to be held separately from persons who are serving a sentence;
- The right to be brought before a court as soon as reasonably possible, but not later than––
- twenty-four hours after being arrested; or
- 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;
- The right at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) The right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
- 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.