Article 49 of the Constitution of Kenya, 2010 provides for the rights of arrested persons. These rights are as follow;

  1. The right to be informed promptly, in language that the person understands, of— 
  1. the reason for the arrest; 
  2. the right to remain silent; and
  3. the consequences of not remaining silent; 
  1. The right to remain silent;
  1. The right to communicate with an advocate, and other persons whose assistance is necessary; 
  1. The right not to be compelled to make any confession or admission that could be used in evidence against the person; 
  1. The right to be held separately from persons who are serving a sentence; 
  1. The right to be brought before a court as soon as reasonably possible, but not later than–– 
  1. twenty-four hours after being arrested; or 
  2. 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; 
  1. 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.