When police stop or arrest you
What the police must tell you, your right to stay silent, and bail.
Rights of arrested persons
- If you are arrested, the police must tell you why, in a language you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You have the right to stay silent. You do not have to explain yourself.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You have the right to call a lawyer, and to talk to people who can help you.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - You must not be forced to confess or admit to anything.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You must be taken to court within 24 hours.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
Read the full article → - You can ask to be released on bail unless there is a strong reason not to.
Art. 49(1)(h)
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
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- If a police officer stops you, they must tell you why, in a way you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You can stay quiet. You do not have to answer.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You can ask to talk to a grown-up who helps you, like a lawyer or a parent.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - No one is allowed to force you to say you did something wrong.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You should be taken to a judge very fast, within one day.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
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Establishment of the National Police Service
- There is a National Police Service, consisting of the Kenya Police Service and the Administration Police Service.
Art. 243(2)
(2) The National Police Service consists of— (a) the Kenya Police Service; and (b) the Administration Police Service.
Read the full article → - It is a national service and functions throughout Kenya.
Art. 243(3)
(3) The National Police Service is a national service and shall function throughout Kenya.
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- Kenya has a national police service made up of two parts.
Art. 243(2)
(2) The National Police Service consists of— (a) the Kenya Police Service; and (b) the Administration Police Service.
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Objects and functions of the National Police Service
- The National Police Service must strive for the highest standards of professionalism and discipline.
Art. 244(a)
The National Police Service shall— (a) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and (e) foster and promote relationships with the broader society.
Read the full article → - It must prevent corruption and promote transparency and accountability.
Art. 244(b)
The National Police Service shall— (a) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and (e) foster and promote relationships with the broader society.
Read the full article → - It must comply with human rights and fundamental freedoms.
Art. 244(c)
The National Police Service shall— (a) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and (e) foster and promote relationships with the broader society.
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- The police must be professional, honest and respect people's rights.
Art. 244(c)
The National Police Service shall— (a) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and (e) foster and promote relationships with the broader society.
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Command of the National Police Service
- There is an Inspector-General of the National Police Service, appointed by the President with Parliament's approval.
Art. 245(1)
(1) There is established the office of the Inspector-General of the National Police Service.
Read the full article → - The Inspector-General exercises independent command over the National Police Service.
Art. 245(2)(b)
(b) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.
Read the full article → - No person may direct the Inspector-General on investigating a particular offence, enforcing the law against a particular person, or employment matters.
Art. 245(4)
(4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to— (a) the investigation of any particular offence or offences; (b) the enforcement of the law against any particular person or persons; or (c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.
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- An Inspector-General leads the police independently.
Art. 245(2)
(2) The Inspector-General— (a) is appointed by the President with the approval of Parliament; and (b) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.
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National Police Service Commission
- There is a National Police Service Commission.
Art. 246(1)
(1) There is established the National Police Service Commission.
Read the full article → - It recruits and appoints persons to offices in the service, determines promotions and transfers, and exercises disciplinary control.
Art. 246(3)
(3) The Commission shall— (a) recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service; (b) observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and (c) perform any other functions prescribed by national legislation.
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- A commission manages police hiring, promotion and discipline.
Art. 246(1)
(1) There is established the National Police Service Commission.
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Other police services
- Parliament may establish other police services under the supervision of the National Police Service and the command of the Inspector-General.
Art. 247
Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.
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- Parliament can create other police services that report to the national police.
Art. 247
Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.
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