The Kenya National Police Service motto is “Utumishi kwa Wote”, which means “Service to all”. This signifies that the police are expected to serve all Kenyans, including peaceful protestors during demonstrations.
However, following recent demonstrations across the country, the police have come under criticism for how they have handled protestors—particularly in the course of detaining them.
There have been reports of police officers visiting individuals in their homes and taking them into custody without any explanation. In most of these cases, the officers do not identify themselves.
Furthermore, many of those arrested are taken to undisclosed locations rather than recognised police stations, raising fears of abductions. This emerging trend has become a worrying norm, with growing numbers of Kenyans reporting such experiences.
This begs the question: how should the police conduct an arrest?
Unbeknown to many Kenyans, there is a clear legal process that should be followed when someone is being arrested.
- Outrage over Albert Ojwang’s death ignites Nairobi protests
- Protests rock Nairobi CBD over Ojwang’s death in custody
- Another mysterious death in custody as public anger mounts
Before an arrest, police officers must identify themselves and provide evidence of their identity—such as a badge or name tag. They are then required to inform the arrested individual of the following:
- The reason for the arrest
- Their right to remain silent
- The consequences of waiving that right
This information must be communicated in a language the individual understands.
There are laws governing how officers should handle arrests. Police are expected to first use non-violent means. Force may only be employed if those means are ineffective or unlikely to achieve the intended result. Any use of force must be proportional to:
- The objective to be achieved
- The seriousness of the offence
- The level of resistance from the suspect
- Force should be used only to the extent necessary and always within the provisions of the law.
Once detained, suspects retain the right to remain silent, and police cannot coerce them into providing self-incriminating information. They also have the right to communicate with an advocate and any other persons necessary for their assistance.
The suspect’s details must be recorded in the Occurrence Book (OB), including:
- Full name
- Address
- Alleged offence
- A unique tracking reference known as the OB number
While in custody, suspects must be held separately from convicted prisoners and must not be forced to share a cell with individuals serving sentences. The suspect must also be arraigned in court within 24 hours of arrest.
– By Anthony Mwangi
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
