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Things You Should Do or Avoid When Police Arrest You

June 25, 2024
Reading Time: 4 mins read
Arrest

Image of a man being arrested by police. Photo/NPS

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Protesters brought the Nairobi CBD to a standstill when the first anti-finance bill protests were held on June 18.

This was followed by protests in other counties including Mombasa, Eldoret, Kisumu, Nakuru and Nyeri.

So far, the, the protests have led to deaths of two people who sustained gunshot injuries in Nairobi on June 20.

Speaking on Monday, June 24, Interior Cabinet Secretary Kithure Kindiki issued guidelines protesters must follow while exercising their right to picket.

“They must stop their activities at sunset or 6:30 pm, whichever is earlier, in accordance with the Public Order Act, Cap 57 of the laws of Kenya,” he said.

Arrest
A photo of Gen Z led protest held in Nairobi CBD. Photo/TKT

This was in response to the planned #RejectFinanceBill2024 protests on Tuesday, June 25, in Nairobi CBD and other parts of the country.

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The Law Society of Kenya has also issued guidelines aimed at equipping the public with essential knowledge to ensure their rights are upheld during such encounters.

Below are the key points outlined by the Law Society of Kenya.

The Do’s to Note Upon Arrest

An individual should stay calm and composed and avoid any form of resistance or aggression. Staying calm can prevent the situation from escalating.


Also Read: Eric Omondi Clobbered and Arrested by Anti-Riot Police


Also, you are free to ask the arresting officers to identify themselves and show their identification.

It is important for an individual to know their rights. You should be aware that you have the right to remain silent and that anything you say can be used against you in court.

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In addition, an arrested person has the right to be informed promptly of the reasons for arrest and the right to communicate with an advocate or any other person whose assistance would be crucial.

Note down and/or remember the time, location, and circumstances of your arrest, as well as the names and badge numbers of the arresting officers, if possible.

Request legal representation. Clearly state your desire to contact your lawyer. The law provides you with the right to legal representation and to contact your lawyer without delay.

Comply with Lawful Instructions. Follow the instructions given by the officers, as long as they are lawful. Compliance can help ensure your safety during the arrest process.

It is advisable to document any violations. If you believe your rights are being violated, try to document this information discreetly. Report such violations to your lawyer or relevant authorities as soon as possible.

What to Avoid 

One should not resist arrest. Avoid any form of physical resistance. Resisting arrest can lead to additional charges and potential harm.


Also Read: Japrado’s Arrest Confirmed, Details of Phone Call Before Incident Revealed


Desist from arguing or insulting the Officers. Arguing or insulting law enforcement officers can aggravate the situation and lead to further complications.

One should also refrain from signing any Document without legal advice. Do not sign any statements, confessions, or documents without the presence and advice of your lawyer. You might inadvertently waive important rights.

Moreover, you should not provide incriminating information. Exercise your right to remain silent. Avoid giving any statements or answers that may incriminate you.

Avoid bribery. Offering a bribe to a police officer is illegal and can result in serious additional charges.

Do not flee. Do not attempt to flee from the arresting officers. This can lead to the use of force and additional charges.

In case of any inquiries contact LSK Toll Free Number 0800 720 434. 

Follow our WhatsApp Channel for real-time news updates: 

https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C

Arrest
An Image of the Law Society of Kenya Buidling. Photo/LSK
Tags: arrestCitizen rightsDo's and Don'tsGuidelinesLaw Society of KenyaPolice

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