INSIGHTS

THE LEGALITY OF POLICE DETENTION WITHOUT DISCLOSURE OF CHARGES UNDER THE CONSTITUTION OF KENYA AND INTERNATIONAL LAW

Legal Alert 20. THE LEGALITY OF POLICE DETENTION WITHOUT DISCLOSURE OF CHARGES UNDER THE CONSTITUTION OF KENYA AND INTERNATIONAL LAW

I. Constitutional Protections: Article 49 of the Constitution of Kenya, 2010 Article 49 of the Constitution of Kenya, 2010, enshrines the rights of Arrested Persons, emphasizing the protection of personal liberties within the Kenyan legal system. Specifically:

- Right to be Informed of Reasons for Arrest

- Right to be Informed of Charges

- Right to Fair Trial

II. International Legal Obligations: Article 9 of the International Covenant on Civil and Political Rights (ICCPR) Kenya is a state party to the ICCPR, which is incorporated into domestic law under Article 2(5) and (6) of the Constitution. Article 9 of the ICCPR provides:

- Right to be Informed of Reasons for Arrest and Charges

- Prohibition of Arbitrary Detention

 

Linda Kamuya

Brian Munyao 

_Legal Alert 20. THE LEGALITY OF POLICE DETENTION WITHOUT DISCLOSURE OF CHARGES UNDER THE CONSTITUTION OF KENYA AND INTERNATIONAL LAW.pdf