The Constitution protects every arrested person. Know your rights from the moment of arrest — including the right to be released on bond or bail.
An arrest can happen to anyone — sometimes over a misunderstanding. Knowing your rights under Article 49 of the Constitution can make a significant difference to what happens next.
Your rights on arrest
An arrested person has the right:
- to be informed promptly, in a language they understand, of the reason for the arrest;
- to remain silent, and to be informed of the consequences of not remaining silent;
- to communicate with an advocate and other people whose help is necessary;
- not to be compelled to make any confession or admission that could be used in evidence against them;
- to be held separately from persons serving a sentence; and
- to be brought before a court as soon as reasonably possible, but not later than 24 hours after arrest.
Bail and bond
The Constitution gives an arrested person the right to be released on bond or bail, on reasonable conditions, pending a charge or trial — unless there are compelling reasons not to be released. Police may grant police cash bail before you are taken to court; once in court, the magistrate or judge decides on bail or bond terms.
Courts consider factors such as the seriousness of the charge, whether the accused is likely to attend court, and whether they might interfere with witnesses. Bail terms should not be so high that they effectively deny release.
What you should do
- Stay calm and do not resist arrest.
- Ask why you are being arrested.
- Ask to contact your advocate and a family member.
- Do not sign any statement you have not read, understood or agreed with.
- Note the names or service numbers of the officers and the police station.
If you or a loved one has been arrested in Kajiado or elsewhere, call us immediately. We can attend the police station and handle bail and bond applications.
