Most Kenyans suffer at the hands of the police as they are unaware of their rights and freedoms.
However, the Constitution provided an arrested person in Kenya with rights that have to be respected by the arresting officers.
At the time of arrest, you are allowed to remain silent, not to answer any questions or give any information to the police.
The cops ought to issue you with the 'Miranda Warning' which refers to the Constitutional dictate requiring police to warn you against incriminating yourself.
"You have a right to remain silent anything you say may be used against you in court. You have a right to an attorney if you cannot afford one, the state will appoint one for you," the Miranda Warning dictates.
Furthermore, you have a right to know why you are being arrested and the preferred charges.
You ought to be allowed to communicate with your advocate and any other person(s) who can help you with your case.
Furthermore, you have a right to bail pending investigations and pending the preference of charges by the prosecution.
As an arrested person in Kenya, you have a right not to be compelled to make any confession or admission that could be used as evidence against you or any other accused.
You must also be arraigned before a court within twenty-four hours of arrest.
Furthermore, while detained at the police station, you have a right to be held separately from persons who are serving a sentence.
In addition to that, if the 24-hour period expires on a weekend or a holiday, you must be brought to court before the end of the next court day.
The law also provides that 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.
