KenyaKE

Article 49 of the Constitution of Kenya

Article
49
Index row title
(1) An arrested person has the right—
Source document
The Kenya Constitution
Provision ID
a6f81ea1-c6df-48b4-82b6-eea81ddb94ea

212 words

Verbatim text

(a) to be informed promptly, in language that the person understands, of— (i) the reason for the arrest; (ii) the right to remain silent; and (iii) the consequences of not remaining silent; (b) to remain silent; (c) to communicate with an advocate, and other persons whose assistance is necessary; (d) not to be compelled to make any confession or admission that could be used in evidence against the person; (e) to be held separately from persons who are serving a sentence; (f) to be brought before a court as soon as reasonably possible, but not later than— (i) twenty-four hours after being arrested; or (ii) if the twenty-four hours ends 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 the detention continuing, or to be released; and (h) to be released on bond or bail, on reasonable conditions, pending a charge or 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. Fair hearing.

What this means

  • The index files this text under article 49 of the Constitution of Kenya.
  • The passage runs to about 212 words.
  • Read plainly, it mentions fair hearing — it guarantees a fair hearing — a court or tribunal that hears you and decides impartially (the words used: “Fair hearing”); it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “arrest”).

The row’s stored title is a body fragment, not a heading (“(1) An arrested person has the right—”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of Kenya, article 49, Portable Lawyer, https://www.portablelawyer.app/provision/a6f81ea1-c6df-48b4-82b6-eea81ddb94ea (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/a6f81ea1-c6df-48b4-82b6-eea81ddb94ea

Accessed 25 October 2026.

Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.

Machine-readable versions