In Kenya, the law is clear on the limits of detention without charge for individuals who have been arrested. While the constitution ensures that an arrested person is presented before a court within twenty-four hours, certain provisions allow for extensions under specific circumstances.
This article discusses the legal framework that permits detention beyond the initial twenty-four hours, emphasizing the critical role of court authorization.
Police Detention Beyond Twenty-Four Hours
- Court Authorization: Section 36A of the Criminal Procedure Code (CPC) and section 33 of the Prevention of Terrorism Act provide a legal basis for police officers to detain suspects beyond the standard twenty-four-hour limit, but only with the permission of the court.
- Affidavit Application: To request an extension of detention, police officers must physically take the accused to court and make an application for additional time via an affidavit. This affidavit must convincingly demonstrate that there are valid reasons for the continued detention of the suspect.
- Time Limit: While an extension can be granted, it must not go beyond thirty days from the original arrest date (s. 36A (8), CPC;,; s. 33(9), Prevention of Terrorism Act). It is important to note that in cases related to terrorism, the total period of detention should not exceed three hundred and sixty (360) days (s. 33(10), Prevention of Terrorism Act , whereas under the CPC, the maximum period is ninety (90) days s. 36A(10), CPC).
It is crucial to understand that any detention beyond the initial twenty-four hours is subject to rigorous scrutiny by the court. The court’s role in ensuring that the continued detention is justified is an essential safeguard in protecting the rights of the accused. This legal framework balances the need for law enforcement to conduct thorough investigations with the imperative of safeguarding an individual’s rights and ensuring that detentions are not arbitrary or indefinite.
