Arrest, fair trial, legal aid, small claims and access to justice.
Search the official Constitution →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.
Article 48; Article 49; Article 50; Articles 48–50; Chapter FourIf you are arrested in Kenya, the Constitution gives you clear rights — to be told why, to stay silent, to be brought before a court within 24 hours, and to be released on bond or bail unless there are compelling reasons not to.
Article 49Anyone facing a court case has the right to a fair, public hearing — presumed innocent, told the charge, given time to prepare a defence, allowed a lawyer, and given an interpreter if needed.
Article 50If you cannot afford a lawyer, you may get free or subsidised legal help. The Legal Aid Act set up the National Legal Aid Service to assist people who qualify, and the Constitution requires a State-funded lawyer where not having one would cause substantial injustice.
Article 50Not every dispute needs a full court case. The Small Claims Court offers a fast, low-cost way to resolve smaller money disputes, and the Constitution encourages mediation and other alternatives to litigation.
Article 159