Quick Answer
If 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.
Key facts
- You must be told the reason for your arrest.
- You have the right to remain silent.
- You must be brought to court within 24 hours.
- You are entitled to release on bond or bail unless there are compelling reasons.
What you must be told
On arrest you have the right to be informed promptly of the reason, of your right to remain silent, and of the consequences of not remaining silent — and to communicate with an advocate and others whose help you need.
The 24-hour rule
You must be brought before a court as soon as reasonably possible, and no later than 24 hours after arrest — or, if that falls outside court hours, by the end of the next court day.
Bond and bail
You are entitled to be released on reasonable bond or bail, pending a charge or trial, unless there are compelling reasons not to release you. Bail is the rule, not the exception.
What cannot be done to you
You cannot be compelled to make a confession or admission that could be used against you, and you must be held in conditions that respect your human dignity.
Why this matters to you
An arrest is one of the most vulnerable moments a person faces. Knowing these rights — the 24-hour limit, the right to silence, the right to bail — is what stops that moment from becoming an abuse.
Frequently asked questions
How long can I be held before going to court?
No more than 24 hours, or by the end of the next court day if the 24 hours end outside court hours.
Do I have to answer police questions?
No — you have the right to remain silent.
Can I be released on bail?
Yes — you are entitled to reasonable bond or bail unless there are compelling reasons not to grant it.
Sources & references
- Constitution of Kenya 2010, Article 49 — klrc.go.ke