Quick Answer
The Constitution guarantees every person access to justice and a set of rights if they are arrested or taken to court — and provides courts, legal aid and simpler avenues for ordinary disputes. Knowing these rights is how you protect yourself.
Key facts
- The Constitution guarantees access to justice for everyone.
- Arrested persons must be brought to court within 24 hours.
- Everyone is presumed innocent until proven guilty.
- Free legal aid is available to those who cannot afford a lawyer.
Access to justice for all
Article 48 requires the State to ensure access to justice for everyone, and that any fee charged is reasonable and does not block access. Justice is meant to be available to all, not only those who can afford it.
Your rights if you are arrested
Article 49 gives arrested persons clear protections — to be told why, to remain silent, and to be brought before a court within 24 hours.
These are covered in full in the dedicated guide below.
Your right to a fair trial
Article 50 guarantees a fair, public hearing: you are presumed innocent, told the charge, given time to prepare, and allowed a lawyer.
Help when you cannot afford it
If you cannot afford a lawyer, free or subsidised legal aid is available, and smaller disputes can be settled cheaply through the Small Claims Court or mediation.
Why this matters to you
These rights are your shield in the moments that matter most — an arrest, a court case, a dispute. Knowing them turns a frightening situation into one where you know what the law owes you.
Frequently asked questions
Does everyone have a right to justice?
Yes — Article 48 requires the State to ensure access to justice for all.
Am I presumed innocent?
Yes — until proven guilty, with the burden on the prosecution.
Is legal help free?
Free or subsidised legal aid is available to those who qualify.
Sources & references
- Constitution of Kenya 2010, Chapter Four, Articles 48–50 — klrc.go.ke
- Legal Aid Act, 2016 — kenyalaw.org