Today, I thought of discussing the Rights and Fundamental Freedoms of Arrested persons with acknowledgement to The Constitution of Kenya 2010, Chapter 4, Part 2, Article 49.
Before we start, how would you define The Constitution? Anyone? Well, the Constitution can be defined as the basic or fundamental or Supreme Law in a State. To further explain it, it is a conscious product of engagement of people and their leadership so as to formulate general set of laws which articulately express the aspirations and hopes of a people in relation to politics, economics, culture, religion and social organisation.
Now let's get down to it, shall we!
1.An arrested person has a right-
a. to be informed in the language that one understands, of
i) the reason of the arrest.
ii) the right to remain silent
iii) the consequences of not remaining silent.
b. to remain silent.
c. to communicate with an advocate/lawyer/anyone who could be of assistance.
d. not to be compelled to make any confession that could be used as evidence against him/her.
e. to be held separately to persons who are serving a sentence.
f. to be brought before a court as soon as possible with consideration of
i) 24hours of after being arrested
ii) if the 24hours end outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day.
g) at the first court appearance, to be charged or informed of the reason for detention continuing or to be released.
h) to be released on bond or bail, on reasonable conditions, pending a charge for trial, unless there are compelling reasons not to be released.
2. 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.
Knowing the rights of arrested persons will greatly help you with the due process of law.